16 Apr 2013
TUCHOLSKI V DUNEDIN CITY COUNCIL HC DUN CIV 2013-412-000088
- Citation
- openlaw-0b550a0a_28e1_48c8_9364_8d4f37a118a3.pdf
- Court
- High Court
The Court reinstated the appeal despite the deeming provision in s 74 because the failure to comply with the security order was short lived, was promptly remedied once discovered, and refusal to reinstate would produce a miscarriage of justice; the respondent was entitled to costs on the standard basis but not indemnity, and payment of those costs was to be held in court pending final determination with leave to the parties to make submissions on timing.