MacNamara v MacNamara

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-000404

[2021] NZHC 715

BETWEEN
SHERYL ANN MACNAMARA

Plaintiff

AND

NOEL JAMES MACNAMARA

Defendant

CIV-2020-404-000646

BETWEEN

NOEL JAMES MACNAMARA
Plaintiff

AND

SHERYL ANN MACNAMARA

First Defendant

SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and

GRAHAM LINCOLN WILFRED CRAIG
as trustees of the Macnamara Home Trust Second Defendants

SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and

GRAHAM LINCOLN WILFRED CRAIG

as trustees of the Macnamara Family Trust Third Defendants

Hearing: On the papers

Judgment:

31 March 2021

COSTS JUDGMENT OF DOWNS J

This judgment was delivered by me on Wednesday, 31 March 2021 at 3 pm
pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

MACNAMARA v MACNAMARA [2021] NZHC 715 [31 March 2021]

[1] On 16 February this year, I dismissed Mr Macnamara’s application for directions and upheld an application for directions by the independent trustees.1 Mrs Macnamara opposed the former and supported the latter. So, contrary to Mr Macnamara’s submission, Mrs Macnamara was successful. She is therefore entitled to (2B) scale costs.

[2] Mr Macnamara argues these should be no greater than the costs he has agreed to pay the independent trustees. There are two answers to this submission. First, the agreed costs are conservative. Second, Mrs Macnamara shouldered the burden of the litigation before me. This is reflected in the costs incurred.

[3] Mr Macnamara observes Mrs Macnamara unsuccessfully sought an unless order against him. True, but this aspect was peripheral. It was not what the case was about. This is best addressed by deducting 15 percent of the costs otherwise payable by Mr Macnamara to Mrs Macnamara. Eighty-five percent of $11,591.50 is
$9,852.78.

[4]Mr Macnamara must pay Mrs Macnamara costs of $9,852.78.

……………………………..

Downs J

Solicitors/Counsel:
Shieff Angland, Auckland.
Claymore Partners Ltd, Auckland. LeeSalmonLong, Auckland.
LJ Kearns, Auckland.
B O’Callahan, Auckland.

1 Macnamara v Macnamara [2021] NZHC 173.

CaseChat Overview and Summary

This case involves the spouses, Sheryl Ann MacNamara and Noel James MacNamara, who were litigating over trust matters. The High Court of New Zealand Auckland Registry was tasked with making a costs judgment regarding the application for directions made by both parties. The plaintiff, Sheryl Ann MacNamara, opposed the defendant, Noel James MacNamara's, application for directions, and supported the independent trustees' application. As a result, Sheryl Ann MacNamara was deemed successful and entitled to costs on the standard basis.

The primary legal issue before the court was to determine the appropriate amount of costs to be awarded to Sheryl Ann MacNamara. Noel James MacNamara argued that the costs should not exceed the amount he had agreed to pay the independent trustees. The court considered two main points in addressing this issue. First, the agreed costs were conservative, and second, Sheryl Ann MacNamara had borne the burden of the litigation before the court. These factors were reflected in the costs incurred during the proceedings.

The court decided that the costs should be reduced by 15% to account for the unsuccessful application for an unless order sought by Sheryl Ann MacNamara against Noel James MacNamara. This deduction was made as the application was peripheral and not the main focus of the case. After applying the reduction, the court concluded that Noel James MacNamara must pay Sheryl Ann MacNamara costs of $9,852.78.

In conclusion, the court awarded Sheryl Ann MacNamara costs on the standard basis, taking into account the arguments presented by both parties and the burden of the litigation. The final order was that Noel James MacNamara must pay Sheryl Ann MacNamara $9,852.78 in costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established