8 May 2019
CROSER & ANOR v FOCUS GENETICS LIMITED PARTNERSHIP (COSTS) [2019] NZHC 990
- Citation
- [2019] NZHC 990
- Court
- High Court
The plaintiffs' effective discontinuance of the interlocutory application was treated as a discontinuance for costs purposes; although the defendant incurred work opposing the application, that evidence was relevant to the substantive hearing and not wasted; the plaintiffs acted responsibly in withdrawing when it became clear the matter could not be heard in one day and the 50% uplift was not justified, therefore costs are awarded to the defendant on a 2B basis in accordance with Schedule A to the defendant's 1 May 2019 memorandum without the claimed 50% uplift.