22 Jul 2020
AYYLIDIZ v CASABLANCA SYLVIA PARK LTD [2020] NZHC 1771
- Citation
- [2020] NZHC 1771
- Court
- High Court
The plaintiffs were partly successful because the consent orders implemented the valuation and buy-out process they sought; Calderbank/open offers made pre-action materially matched the settlement and defendants' unreasonable rejection justified increased costs, but the plaintiffs' subsequent conduct after the defendants' 31 July 2018 offer (late affidavits, failure to comply with directions, late amendment attempts and refusal of the defendants' offer) meant costs were limited to steps up to 3 August 2018. Scale costs of $21,032 were awarded with a 50% uplift for unreasonable refusal, produc…