22 Jun 2018
TIMOTHY WILDING v TE MANIA LIVESTOCK LIMITED [2018] NZHC 1506
- Citation
- [2018] NZHC 1506
- Court
- High Court
The Court exercised its discretion to categorise the proceedings as Category 2, found that s 174 was engaged and granted Mr Wilding the right to purchase the defendants' shares, but declined indemnity costs; it held that Mr Wilding unreasonably rejected a late sensible offer to confine trial to valuation (23/26 June 2016) and that this warranted a costs consequence. The Court therefore adjusted scale costs, allowed a 50% uplift for costs from after the offer date to reflect the lost opportunity to settle, apportioned disbursements, and ordered Mr Wilding to pay the specified costs and disburs…