1 Dec 2011
MCDONALD V WILLIAMS HC AK CIV 2011-404-004420
- Citation
- openlaw-2ad9296c_cfbd_4de2_84c2_9846e626b6d1.pdf
- Court
- High Court
The appeal is dismissed because the presumption under r12.20.5 applies: Mr McDonald's discontinuance against Williams was justifiedly met with costs since Williams had no personal involvement and the claim against him was misconceived; the District Court's award of 2B costs plus a 40% uplift was a proper exercise of discretion and on appeal increased costs of 25% above 2B are appropriate given the Calderbank offer.