New Zealand Case Law

6 Jul 2023

CARTER v CANTERBURY DESIGN AND DEVELOPMENT LIMITED [2023] NZHC 1750

Citation

[2023] NZHC 1750

Court

High Court

The plaintiffs were not entitled to indemnity costs because the Court could not identify a breached contractual source that obliged the defendants to transfer the shares; the jurisdictional objection, although unsuccessful, was not conducted in a manner warranting increased costs; accordingly ordinary 2B costs were awarded in favour of the plaintiffs in the sum specified.

• Specific performance
• Share transfer
• Indemnity costs
• Jurisdictional objection to court jurisdiction (arbitration clause)
• Summary judgment
• Judgment on admissions