18 Jul 2016
BODY CORPORATE 185696 v BODY CORPORATE ADMINISTRATION LTD [2016] NZHC 1614
- Citation
- [2016] NZHC 1614
- Court
- High Court
BCA's repeated failure to identify and deliver all of the Body Corporate's records over two months, continuing after proceedings were issued and despite warnings, constituted flagrant, improper and unnecessary conduct in defending the proceeding; this satisfied r 14.6(4)(a) (and r 14.6(4)(f) as a residual basis) and the Bradbury factors, warranting an award of indemnity costs to the applicant.
- Delivery of records
- Indemnity costs under r 14.6
- Discovery and disclosure
- Breach of fiduciary duty
- Mandatory injunctions
- Costs banding (2b/2c)