Moss v Paul [2020] NZFC 8921

Published 01 December 2021

Costs — declaration of non-paternity — refusal to undergo DNA testing — refusal to engage in hearing — Status of Children Act 1969, s 10 — Family Court Rules 2002, r 207 — District Court Rules 2014, r 14.2 — Family Proceedings Act 1980, s 54. The applicant had been successful in his application for a declaration of non-paternity of a child. He sought costs against the respondent mother, submitting that her refusal to engage with the proceedings and the 18-year-old child's refusal to undergo a DNA test meant he incurred legal costs of $8,900. He sought costs of $6,207.50. A Court has discretion to make an award of costs. The Judge considered the rules under the Family Court Rules and District Court Rules and determined that it was appropriate to make an award. The Judge ordered that the respondent pay the applicant a sum of $4,000. Judgment Date: 14 October 2020. * * * Note: names have been changed to comply with legal requirements. * * *