31 May 2023
LMCHB LTD (formerly L&M Coal Holdings Limited) v BULLER COAL LTD [2023] NZHC 1366 [31 May 2023]
- Citation
- [2023] NZHC 1366
- Court
- High Court
The Court declined to award indemnity or increased costs because the plaintiff's conduct, while opportunistic and ultimately an abuse of process under Henderson v Henderson, was not egregious or flagrant to meet the high threshold for indemnity; the proceeding was properly categorised as costs category 2 (2B), and the plaintiff was ordered to pay defendants costs on a 2B basis of $38,359.50 and disbursements of $10,906.45; defendants' claim for sealing fee reimbursement was disallowed and the plaintiff was allowed costs of $956 for preparing its costs memorandum.