6 Sept 2012
HART V ANZ NATIONAL BANK LIMITED HC AK CIV-2012-404-002583
- Citation
- openlaw-7e5b87cd_2124_4d99_87e4_f15cee61e40b.pdf
- Court
- High Court
Hart and related companies deliberately abused the court's processes by lodging caveats piecemeal, concealing interests and pursuing a second interim injunction to frustrate mortgagee sales; as a result the Bank is entitled to indemnity (solicitor/client) costs under the security documentation and r 14.6(4), but the evidence did not establish that solicitor N G Cooke committed the gross negligence or serious dereliction of duty necessary for a personal costs order against him, so costs against Cooke were declined while he was removed as solicitor on record and address for service maintained u…