14 Feb 2023
NAVARATNAM v HG METAL MANUFACTURING LIMITED [2023] NZCA 11
- Citation
- [2023] NZCA 11
- Court
- Court of Appeal
The guarantee's clause 6 plainly entitled HG Metal to be indemnified for the full costs of enforcing or attempting to enforce the guarantee; the costs claimed related to enforcing the award/guarantee, appellants' defaults and abusive delay justified indemnity costs, and prior determinations on the art 35(2) point precluded revisiting it, therefore indemnity costs of $128,686.70 were awarded against both guarantors jointly and severally.