5 Oct 2016
WHANGAPARAOA COMMUNITY CENTRE PROJECT INC v WHANGAPARAOA COMMUNITY TRUST [2016] NZHC 2364
- Citation
- [2016] NZHC 2364
- Court
- High Court
The Court found the plaintiffs' conduct did not meet the threshold of vexatious, frivolous or improper conduct necessary to justify indemnity costs or an uplift; the public interest character of the proceedings and the unusual factual matrix warranted testing the legality in the High Court and did not render the litigation unreasonable. Accordingly costs were awarded to the defendants on a Category 2B basis in the sum of $35,791.50, and both the claim for indemnity costs and any uplift were rejected.