Published 21 October 2021
Relationship property proceedings — costs — Calderbank offer — scale costs — Property (Relationships) Act 1976, ss 1C, 1N, 1M, 13 & 40 — Family Courts Rules 2002, r 207 — District Court Rules 2014, rr 14.2-14.12, schs 4 & 5 — Gerbic v Gerbic [1992] NZFLR 481 (HC) — FT v JML [2012] NZHC 2233 — Jack v Jack [2014] NZHC 2502 — Thomas v Owen [2016] NZCA 178 — Campbell v Golldie [2019] NZHC 1573 — RMJ v BJG [2017] NZHC 2470 — Hawthorne v Cox [2008] NZCA 146 — Meikle v Meikle [2015] NZFC 314 — M v A (costs) [2006] NZFLR 411 (FC) — King v King [2015] NZFC 3080 — LK v MK [2015] NZFC 2471. The applicant, having been successful in her claim under s 13 of the Property (Relationships) Act (PRA) for the exception to equal sharing of the parties' relationship property, sought increased costs against the respondent. The applicant's actual legal costs (including GST) and Court fees incurred amounted to $37,559.25. She had made a written Calderbank offer of settlement which had been rejected by the respondent. Pursuant to r 14.10 of the District Court Rules this could be taken into account when considering costs awards, especially with regards to costs incurred after the making of the offer. The applicant sought an uplift on the basis that her legal costs incurred after the offer amounted to $27,600 (including GST) plus disbursements. The Judge considered the fact that the percentage amount offered by the applicant did not exceed the amount obtained by her by judgment. On this basis the Judge declined to award an uplift. The Judge ordered that the respondent pay the applicant costs in the sum of $28,888.75 plus disbursements of $3,418.00, for a total award of $32,306.75. Judgment Date: 10 August 2021.
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