10 Oct 2023
ROEBUCK v LIDDLE [2023] NZHC 2841
- Citation
- [2023] NZHC 2841
- Court
- High Court
The presumption in r 15.23 applies to the plaintiffs' discontinuance of their interlocutory applications; the third defendant is entitled to costs on a 2B scale and recoverable disbursements. The threshold for increased costs (lack of merit or unreasonable rejection of Calderbank offers) was not met given absence of a definitive judgment and timing of supplementary discovery, so uplift and indemnity costs are refused. The court allowed $21,271 costs and $7,494 disbursements to the third defendant.