31 Mar 2021
NIVEN v 8 HEREFORD LTD [2021] NZHC 688
- Citation
- [2021] NZHC 688
- Court
- High Court
The signed settlement agreement signed the day the originating application was served settled the proceedings (both District Court and this High Court proceeding) with no issue as to costs, thereby precluding a claim for costs; alternatively, even absent the agreement, indemnity costs were not justified because the alleged improper lodging of the caveat was pre-litigation conduct or, if within the proceeding, its lack of merit was not obvious and incontrovertible, so no award of indemnity costs should be made.