New Zealand Case Law: Decisions & Judgments

Topic

Contractual indemnity for costs

Legal area

Court

7 Jul 2020

VILLA STREET HOLDINGS LIMITED v WATER MART WAIRARAPA (2017) LIMITED [2020] NZHC 1569

Citation

[2020] NZHC 1569
Court

High Court

The contractual indemnity in the lease entitled the applicant to recover solicitor and client costs; having reviewed rates, time spent and the factual background (including respondent conduct and overlap with a separate commercial dispute), the Court concluded the fees charged ($27,280 plus $540 disbursements) were within a reasonable range and awarded the full amount claimed.
14 Sept 2018

CANTERBURY REGIONAL COUNCIL v KING HOUSE REMOVALS SOUTHLAND LTD [2018] NZHC 2433

Citation

[2018] NZHC 2433
Court

High Court

The indemnity in clause 24 applied to the enforcement steps taken by the plaintiff to secure a rent review; the indemnity is not contrary to public policy; the costs claimed were reasonably incurred and reasonable in quantum; accordingly the defendant was ordered to pay the plaintiff's contractual indemnity costs of $99,706.99 plus disbursements of $5,523.
26 Aug 2014

RAVENSDOWN FERTILISER CO-OPERATIVE LIMITED v HART [2014] NZHC 2038

Citation

[2014] NZHC 2038
Court

High Court

Where liability to pay indemnity costs arises from the contract, invoices rendered prior to adjudication are provable debts and are stayed by s76(1) of the Insolvency Act 2006; invoices rendered after adjudication are not provable and remain payable personally; s76(2) did not apply because the plaintiff discontinued proceedings against the bankrupt second defendant.

New Zealand Case Law

VILLA STREET HOLDINGS LIMITED v WATER MART WAIRARAPA (2017) LIMITED [2020] NZHC 1569

CANTERBURY REGIONAL COUNCIL v KING HOUSE REMOVALS SOUTHLAND LTD [2018] NZHC 2433

RAVENSDOWN FERTILISER CO-OPERATIVE LIMITED v HART [2014] NZHC 2038