12 Feb 2013
HANNAY V MOUNT HC NEL CIV-2010-442-000507
- Citation
- openlaw-75fb68b3_f085_4cc2_8909_058ae3e1c6e1.pdf
- Court
- High Court
Associate Judge Matthews was correct to award costs to plaintiffs for defective discovery and for the needless strike-out application given defendants' failures to comply with discovery; however the Associate Judge erred in principle by applying the maximum 50% uplift without adequate explanation, and the appropriate uplift for the strike-out-related costs is 25%. The standard of review is that the defendants must show the Associate Judge was plainly wrong or erred in principle, which they did not except in relation to the unexplained quantum of uplift.