10 Jun 2020
DALTON and KEMP v AVANTI FINANCE LIMITED [2020] NZHC 1287
- Citation
- [2020] NZHC 1287
- Court
- High Court
The plaintiffs' under-value claim failed because Avanti advanced funds at Fabri-Cell's request and, on the evidence, received no net benefit; the plaintiffs continued to pursue an objectively hopeless and factually contradicted case after Avanti had put them on notice and after a Calderbank offer, thereby unreasonably increasing costs; accordingly costs are awarded to Avanti and increased by 40% for steps after 1 November 2019.