6 Jun 2008
KROMA COLOUR PRINTS LIMITED V TRIDONICATCO NZ LIMITED CA CA598/07
- Citation
- openlaw-0d5fd916_cb81_405b_be0c_f6b35e8abbb2.pdf
- Court
- Court of Appeal
The Court of Appeal held that a judge must weigh the overall reasonableness of the parties' litigation stances and not confine the inquiry to proof of an improper motive; where a defendant's conduct in defending proceedings serves interests of third parties and there is evidence both parties prolonged litigation for partisan purposes, the r 476C presumption can be displaced and costs need not be awarded to the defendant on discontinuance.