15 Oct 2021
FOWLER v SELWYN DISTRICT COUNCIL [2021] NZHC 2762
- Citation
- [2021] NZHC 2762
- Court
- High Court
Mainland, as the successful party in obtaining leave to apply for summary judgment, is entitled to costs against the Selwyn District Council on a 2B basis; the Council has no basis to seek costs against the third parties for delay or to treat Mainland's defence as void under r4.17 given no application for judgment had been made; no separate awards are justified and no costs are ordered against David Fowler, whose application was declined due to a late amendment to the statement of claim; costs for Mr Fowler's application lie where they fall.