13 Apr 2015
LSG SKY CHEFS NEW ZEALAND LIMITED v PACIFIC FLIGHT CATERING LIMITED [2015] NZHC 685
- Citation
- [2015] NZHC 685
- Court
- High Court
Indemnity and increased costs were not justified because the substantive legal issue had merit and the case only became conclusively hopeless with appellate hindsight; although Pacific's conduct in inflating records was reprehensible and its discovery failures were sufficiently egregious to merit sanction, the appropriate sanction was reduction of the successful party's scale costs. The Court awarded Pacific costs on a 2B scale reduced by 50% and allowed the claimed expert disbursement narrowly as reasonably necessary.