17 Nov 2008
CASH FOR SCRAP LIMITED V CANWEST TV WORKS LTD AND ANOR HC AK CIV 2006-404-5175
- Citation
- openlaw-7305ba25_f2a2_46e4_976b_79c3c09410d2.pdf
- Court
- High Court
The Court held that while the defamation claim involved serious problems (excessive damages, delays and discovery lapses), those defects justified increased costs but not indemnity costs against the company; a non‑party costs order against the director was justifiable because she substantially controlled/funded the litigation and failed to disclose deteriorating finances; there was insufficient evidence to make costs orders against counsel, so that claim was dismissed. Accordingly Cash for Scrap Ltd pays costs on a 3B basis with 50% uplift and disbursements fixed by the Registrar; Ms Down pay…