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Hall v Hall [2023] NZFC 7376

Published 31 July 2023

Costs — indemnity costs — family protection — deceased estate — Family Court Rules 2002, r 207 — District Court Rules 2014, rr 14.2, 14.6, 14.12 & sch 4 — Re Blakey (dec’d) [1957] NZLR 875. The applicant had previously made a successful claim under the Family Protection Act. He now sought full or indemnity costs of $31,266 from his father's deceased estate, to cover his legal expenses. The Court considered the principle that costs awards should not significantly reduce the size of the estate to the detriment of the other beneficiaries. In this case the estate was modest in size, and there were eight beneficiaries in total. The Court found it appropriate to direct costs of $24,000 to the applicant as well as disbursements of $628.40. Judgment Date: 12 July 2023