12 Jun 2018
GILLIBRAND v SWANEPOEL [2018] NZHC 1376
- Citation
- [2018] NZHC 1376
- Court
- High Court
The plaintiffs unreasonably rejected a Calderbank offer from the first defendant (first offer expired 3 July 2015) in the context of many clearly untenable allegations and a materially flawed assessment of recoverable quantum and costs; that combination justified indemnity costs under r14.6(4)(a) from 4 July 2015 to conclusion of trial; actual solicitor and disbursement costs were sufficiently particularised and found reasonably incurred; where two defendants were involved costs awarded against Holgate were adjusted for proportionality and increased modestly to reflect conduct and cross‑claim…