New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disputes tribunal referral

Legal area

Court

17 Dec 2014

RODG & CO LIMITED v COUNTRY HOSPITALITY MANAGEMENT (NZ) LIMITED [2014] NZHC 3299

Citation

[2014] NZHC 3299
Court

High Court

The Court exercised its discretion and found the plaintiff unreasonable in issuing a liquidation application despite a genuine and substantial dispute and the defendant's proposals to secure the disputed funds; however the defendant had been unreasonable earlier by delaying payment and making provocative full-and-final payment; on balance the fair outcome is to award the defendant 2B costs for steps responding to the liquidation application plus disbursements and to refuse indemnity or uplifted costs.
15 Oct 2013

ALLISON v JJS CARS LIMITED [2013] NZHC 2680

Citation

[2013] NZHC 2680
Court

High Court

The application to recall the costs judgment was dismissed because the alleged prior judicial indication was provisional and unrecorded, the parties failed to agree on costs so the court’s discretion under the High Court Rules applied, and the Horowhenua County v Nash (No.2) categories were not met.