3 Sept 2019
WHITFORD PROPERTIES LTD (IN LIQUIDATION) v COUMAT LTD [2019] NZHC 2199
- Citation
- [2019] NZHC 2199
- Court
- High Court
Indemnity costs were refused because Whitford's conduct, while resulting in a strike out, was not egregious or outrageous; increased costs were awarded at a 50% uplift because Whitford failed to confront or respond to the central issue that the claim had already been litigated and failed to engage with Coumat's settlement offer; no personal costs order against the liquidator was made because there was no evidence of bad faith, reckless or improper motivation; reasonable disbursements were allowed and any disputes referred to the Registrar.