Costs — category 2B basis — Family Protection Act 1955 — Legal Services Act 2011, s 45 — District Court Rules 2014, r 14.6. The widow and respondents sought costs against the unsuccessful party in the proceedings. The applicant had failed in his application for provision from the deceased's estate. The widow and respondents sought costs on a category 2B basis and each claimed a 25 per cent uplift, totalling $49,540.63. The applicant submitted that the quantum sought was excessive and unjustified, and costs should lie where they fall. In deciding whether there should be an uplift above scale, the Court declined, finding that although the applicant was unwise to decline the settlement offer he was still entitled to pursue his application in Court, and his actions were not so unreasonable as to warrant an uplift. On the matter of the scale costs as set out by Counsel, the Judge chose to reduce the schedule provided by Counsel for the respondent as it was based on the civil approach. The Judge instead ordered costs in favour of the respondent at $13,000 with no uplift. Similarly, the schedule of costs for the widow was reduced, bringing costs in favour of the widow to $14,500 with no uplift. The respondent's legal aid was found to have come to an end from 29 August 2020, and he could not claim the associated costs shield provided by s 45. The Judge found that the award of costs made and ordered applied after that date, and accordingly costs of $17,500 were awarded in favour of the widow and respondents. Judgment Date: 5 July 2021.