New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Abandonment of claims

Legal area

Court

13 Aug 2021

UNIQUE DRINKS OF NZ LIMITED v CHIA SISTERS LIMITED [2021] NZHC 2120

Citation

[2021] NZHC 2120
Court

High Court

No implied agreement precluding costs was established; the defendants' costs application was not out of time; inclusion of directors caused additional issues and costs; a fair apportionment is that 20% of the defence costs were attributable to the third to fifth defendants, leading to an award of $2,151 to them.
11 Sept 2009

PHILLIPS AND ANOR V GOULD HC AK CIV 2003-404-5062

Citation

openlaw-80aaf737_94e7_4d81_bcdf_8adbd5936414.pdf
Court

High Court

The Court awarded indemnity costs because the plaintiffs, led by a qualified solicitor, improperly commenced and persisted with largely hopeless proceedings, pleaded and publicly advanced serious allegations of dishonesty without evidential foundation, failed to comply with orders and prolonged litigation; that conduct fell within r 14.6(4)(a) and warranted indemnity costs for preparation and trial together with 2B costs for earlier steps, resulting in costs of NZD 83,500 and disbursements of NZD 888.16.