21 Dec 2017
LOGAN v WILTON [2017] NZHC 3273
- Citation
- [2017] NZHC 3273
- Court
- High Court
Although the usual presumption is that the unsuccessful party pays costs, the judge found that both parties' conduct justified departing from that presumption: Ms Wilton unreasonably withheld payments and delayed resolution, but Mr Logan improperly used the bankruptcy mechanism despite full security being held in trust. Balancing these factors, the appropriate exercise of the court's discretion was to order that costs lie where they fall.