Sun v Sun

[2021] NZHC 3417

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-000193

[2021] NZHC 3417

UNDER

of s 14 of the Wills Act 2007

IN THE MATTER

of the estate of GRACE LI-FANG TANG

BETWEEN

BILLY YUEN-KUEN SUN

Applicant

AND

MICHAEL CHIN-CHEN SUN

Respondent

Hearing:	13 December 2021 (On the papers)
Counsel:	G Slevin for Applicant S Sun for Respondent
Judgment:	13 December 2021

JUDGMENT OF DOOGUE J

[1]                 On 16 September 2020, I issued a judgment in which I dismissed an application under the Wills Act 2007 to validate an irregularly witnessed will and reserved costs.

[2]                 The applicant appealed the decision and the order sought was made by the Court of Appeal on 28 September 2021.1 The applicant now seeks costs.

[3]                 Costs are at the Court’s discretion but should follow the event. The applicant, having  ultimately  succeeded,  is  prima  facie  entitled to costs.                Costs have been

1      Sun v Sun [2021] NZCA 489.

SUN v SUN [2021] NZHC 3417 [13 December 2021]

calculated appropriately on a 2B basis as costs of $6,143.50 and disbursements of

$1,822.70, being total costs and disbursements of $7,966.20.

[4]                 It is apparent from the Court of Appeal’s decision that the respondent misled this Court by giving evidence that his mother had no formal education in English and could not have understood the contents of her will.2

[5]                 The respondent opposes the application for costs. He does so on the grounds that the decision of the Court of Appeal was wrong and, in any event, he has no financial means to pursue an appeal against that decision. Those are not valid grounds on which to oppose this application.

[6]                 Costs are appropriate in this case. In this case the respondent has put the applicant to further and unnecessary cost in pursuing rightfully claimed costs, and the applicant should be fully compensated for all the costs incurred.

[7]Costs to issue in favour of the applicant against the respondent in the sum of

$7,966.20.

Doogue J

Solicitors:

Layburn Hodgins, Christchurch Leslie Hills Law, Christchurch CC:

G Slevin, Christchurch

2 At [45].