10 Aug 2023
THE BIG BASIN LIMITED v STOCKCO LIMITED [2023] NZHC 2130
- Citation
- [2023] NZHC 2130
- Court
- High Court
The Court refused to award indemnity costs. The MLA clauses relied on (1.2(e), 3.6, 11 and 13) are not sufficiently plain and unambiguous to permit an award of indemnity solicitor/client costs under r14.6(4)(e) in the circumstances, and StockCo's alternative submission that Big Basin's applications were a 'hopeless case' under r14.6(4)(a) failed the high threshold for indemnity. However, because Big Basin pursued multiple grounds including several lacking merit, the Court awarded increased costs: 2B scale with a 30% uplift for both the application for leave to appeal the arbitral award and th…