17 Aug 2023
McCULLAH v DE HEK [2023] NZHC 2230
- Citation
- [2023] NZHC 2230
- Court
- High Court
The Court inferred from the speed of discontinuance, pre-litigation and post-filing correspondence, the excessive damages pleaded, and supporting evidence of a coordinated campaign that the plaintiff never intended to take the proceedings to trial; the proceedings were therefore vexatious under s45 Defamation Act and r14.6(4)(a) High Court Rules, justifying an award of indemnity costs, but the claimed actual costs were reduced to a reasonable sum of NZD 27,500 after comparison with scale and assessment of reasonableness.