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Fleury v Fleury [2022] NZFC 1208

Published 04 July 2023

Relationship property proceedings — costs — Property (Relationships) Act 1976, ss 1N, 9, 11B, 15, 18B, 21A, 33, 40 & 44C — Family Court Rules 2002, r 207 — District Court Rules 2016, rr 14.2-14.12 & 14.6 — Family Proceedings Act 1980, s 182 — Fleury v Fleury [2021] NZFC 9116 — Ronayne v Coombs [2016] NZFLR 672 (CA) — Scott v Williams [2018] 1 NZLR 507 (SC). The parties were in a dispute over the result of their relationship property proceedings, and which of them was responsible, as the losing party, for paying a contribution to the costs of the party who succeeded. Each party thought that the balance of success lay on their side of the equation. The Judge held that neither party could be described as the winner. Neither party made an offer that was close to or more than the value of the judgment obtained by the other, nor did they pursue unmeritorious claims that would have contributed to unnecessary costs. The Court emphasized its wide discretion to make an award of costs set out in the Family and District Court Rules, and in case law. The Judge concluded that the discretion should not be exercised in favour of either party, and costs were to lie where they fell. Judgment Date: 14 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *