New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Assessment date for damages (market value)
  • 15 Aug 2018

    JUST DO IT LTD v TAUPIRI FARMS LTD [2018] NZHC 2091

    Citation
    [2018] NZHC 2091
    Court
    High Court

    First defendant entitled to costs; increased costs of approximately 50% above the 2B scale were awarded because the plaintiff pursued a damages case that was substantially lacking in merit (incorrect valuation date and inadequate evidentiary foundation). Second defendants were entitled to a separate costs award of $15,000 because the claims against them were legally and factually distinct and justified a second set of costs under r14.15. The 2B scale was adjusted to allow two lists of documents, reducing the scale amount to $33,896.

    • Costs following the event
    • Increased costs for unmeritorious claims (r14.6)
    • Separate costs for multiple defendants (r14.15)
    • Discontinuance
    • Directors' duties
    • Assessment date for damages (market value)