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Phillips v Bolitho [2022] NZFC 12052

Published 31 July 2023

Costs — property relationship — Property (Relationships) Act 1976, ss 40, 45 & 207— Anderson v Anderson HC New Plymouth CIV-2004-443-25, 16 July 2004. The parties sought an award for costs after a relationship property division. The respondent filed an application for costs due to delays because of the applicant and the applicant's financial ability to pay the costs. The Judge noted that no one succeeded from the previous decision, where it was decided that all the costs were to be shared equally. Each party was ordered to bear the cost of their own fees. The Judge decided that the delay was not significant enough to trigger exceptional circumstances that would have enabled orders for costs. There were no orders to costs. Judgment Date: 24 November 2022