20 Sept 2013
KAI IWI TAVERN LTD v THE NEW ZEALAND GUARDIAN TRUST COMPANY LTD [2013] NZHC 2464
- Citation
- [2013] NZHC 2464
- Court
- High Court
Clause 5.4 of the Deed of Settlement was limited to discontinued claims and did not preclude costs orders in respect of the claims that remained; NZGT, as successful defendant, is entitled to costs against Kai Iwi on a 2B basis; CBRE is entitled to costs against Kai Iwi because CBRE's joinder was the inevitable result of Kai Iwi's claim against NZGT; Fisher is not entitled to costs because their joinder did not inevitably result from Kai Iwi's claim and the claim was not effectively against Fisher; costs are confined to steps related to Kai Iwi's narrowed fifth cause of action and NZGT's clai…