Gary Owen Burgess v Susan Natalie Beaven - SC 9/2011
Media releases
Summary
Result
22 September 2011
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A The appeal is allowed and the cross-appeal is dismissed.
B Orders B, C and D of the decision of the Court of Appeal [2010] NZCA 625 are set aside.
C The awards of costs made against Mr Burgess by John Hansen J in the Stream A litigation are set aside and in their place Mr Burgess is awarded $5,000 costs in respect of the first appeal to the High Court heard by John Hansen J.
D Ms Beaven’s gross liability to Mr Burgess is:
(a) Balance due on division of property 3,716.10
(b) Refund of money paid to Ms Beaven 36,804.31
(c) Costs and disbursements on first appeal 5,000
Total 45,520.41
E Ms Beaven is entitled to set off outstanding awards of costs in her favour totalling $15,474.16 against her gross liability producing a net figure which she must pay, and on which Mr Burgess may now execute judgment of $30,046.25. Interest will run on that sum from the date of this judgment in terms of r 11.27 of the High Court Rules.
F Ms Beaven is to pay Mr Burgess usual disbursements in relation to this appeal.
9 August 2012
Related Documents
Leave judgment - leave granted — BURGESS v BEAVEN SC 9/2011 [22 September 2011] (PDF 106 KB)
Substantive judgment — BURGESS v BEAVEN SC 9/2011 [9 August 2012] (PDF 193 KB)
Additional Information
Blanchard, Tipping, William Young, Chambers, Anderson JJ.