9 Aug 2018
JNJ HOLDINGS LIMITED v KENT SING TRADING COMPANY LIMITED & ORS [2018] NZHC 2022 [9 August 2018]
- Citation
- [2018] NZHC 2022
- Court
- High Court
Clause 14.1(b) was construed as sufficiently broad to include solicitor-client (indemnity) costs for proceedings arising out of breaches committed prior to termination; cancellation did not extinguish JNJ's right to indemnity for pre-termination breaches. However significant deficiencies in particularity, overlap, inclusion of non-recoverable items and unreasonable quantum justified a global reduction of 70% to the claimed sums, producing awarded amounts of $61,146.18 against Kent Sing and guarantors and $21,491.10 against General Goods on a 2B basis.
- Lease termination
- Contractual indemnity clause
- Solicitor-client costs
- Costs assessment
- Effect of cancellation on contractual obligations