9 Jul 2020
DIAMOND HOSTEL LTD v KIM [2020] NZHC 1639
- Citation
- [2020] NZHC 1639
- Court
- High Court
The Court held Diamond was liable under cl 6.1 of the lease and r 14.6(4)(e) to indemnify Ms Kim's solicitor-client costs because those costs were 'of and incidental' to enforcement of the lease, were reasonably incurred and within the scope of the indemnity; the respondent's delay in filing costs materials was excused; prior categorisation did not preclude an indemnity award; and there was no basis to reduce costs for refusal of settlement. Costs of $14,357.25 awarded.