22 Aug 2017
AIR NEW ZEALAND LTD v NEWFOUNDWORLD SITE 2 (HOTEL) LTD [2017] NZHC 2016
- Citation
- [2017] NZHC 2016
- Court
- High Court
Clause 11.2 is ambiguous on whether it covers solicitor-client costs because it indemnifies for costs related to breach but then excludes consequential or indirect costs; applying contra proferentem against the drafter (Air NZ) the court held solicitor-client costs claimed are consequential/indirect and excluded from the contractual indemnity. Costs were awarded under the High Court Rules on a 2B basis ($50,454) with a 25% uplift ($12,613.50) because Newfoundworld unreasonably refused a settlement offer, yielding a costs award of $63,067.50; unchallenged disbursements of $13,267.10 were also…