20 Feb 2006
BODY CORPORATE NO 192964 & ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-7207
- Citation
- openlaw-8cf65175_deb0_4fbe_9cf9_d3f516202abf.pdf
- Court
- High Court
Proceedings commenced without authority were not a nullity because the defect could be cured by ratification; the solicitor who issued proceedings without authority (Mr Josephson) may be ordered to pay costs under the Court's inherent jurisdiction where there is no retainer; on the facts indemnity costs were not justified but costs were awarded against Mr Josephson in specified sums assessed on a Category 2 Band B basis with adjustments for preparation and duplication, and remaining costs reserved to follow the cause.