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Briar Lindon v Bennett Lindon [2016] NZFC 4016

Published 18 January 2017

Inter-party costs — Care of Children Act 2004, ss 50 and 142 — Family Courts Rules 2002, r 207. The legally aided mother sought costs against the father, who was not legally aided. Wide discretion is granted to the Family Court under s 142 and FCR r 207, due to the inquisitorial nature of proceedings in the Family Court. By a slim margin the Judge determined costs should lie where they fell. The case was finely balanced, and the mother’s success in the proceedings did not necessarily mean costs would follow. Judgment Date: 23 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *