19 Jun 2008
BROWN AND ORS V BAY OF PLENTY REGIONAL COUNCIL AND ANOR HC ROT CIV-2007-463-470
- Citation
- openlaw-6115e3c0_99f1_4fd4_a216_941bebd68eaf.pdf
- Court
- High Court
The plaintiffs must pay costs under r 476C because they elected to commence litigation despite lacking an assured or arguable case and thus could not displace the presumption; KCSM was properly joined so indemnity costs were refused; Council awarded Category 2B costs of $12,960 and recoverable disbursements including a $28,076.45 contribution from plaintiffs towards the independent expert's fees; KCSM awarded Category 2B costs and disbursements as fixed by the Registrar.