17 Aug 2023
KREE NZ LTD v KANG TRUST LTD [2023] NZHC 2229
- Citation
- [2023] NZHC 2229
- Court
- High Court
The respondent was not entitled to contractual indemnity costs because its conduct in the proceedings did not amount to enforcement of landlord rights under the lease; the applicant was the successful party and entitled to costs under the High Court Rules; relief against forfeiture does not automatically shift costs to the tenant and requires fact specific analysis; the respondent's Opex allegation did not cause sufficient unnecessary cost to justify increased costs; accordingly costs were awarded to the applicant on a category 2B basis plus disbursements to be fixed by the Registrar.