19 Dec 2022
S & D KANJI INVESTMENTS LTD v PLATFORM HOMES LTD [2022] NZHC 3546
- Citation
- [2022] NZHC 3546
- Court
- High Court
Clause 128 of the contract does provide for indemnity costs but the respondent did not provide sufficient particulars (hourly rates and task descriptions) to permit the court to award contractual indemnity costs; the applicant bore the onus under r15.23 and did not displace the presumption; because the applicant pursued an argument that lacked merit as to the validity of the payment claim under the CCA, increased costs were justified; accordingly award costs on a 2B basis with a 50% uplift totaling $13,264.50 plus disbursements $275.65 to the respondent.