23 Aug 2007
S H C JOHNS V L R JOHNS AND C C HOLLOWAY AND ANOR HC AK CIV 2000-404-5101
- Citation
- openlaw-5ce8b980_2552_421d_b5ce_ab3fbb4189e0.pdf
- Court
- High Court
The plaintiff's prolonged and serious procedural breaches, refusal to accept a late Calderbank offer and consequent unnecessary costs constituted exceptional circumstances under s40(2), but the aided plaintiff's proven impecuniosity required tempering the award to a modest sum; accordingly the plaintiff was ordered to pay $3,000 to defendants and no disbursements, with a certificate that absent s40 a higher category 2B costs would have been awarded.