7 Dec 2005
HEWITT V HILL AND ROCHE T/A BOWEN ROCHE AND HILL HC AK CIV 2003-404-2370
- Citation
- openlaw-af8fa0ec_a2bc_4560_baaf_957d7c957c6f.pdf
- Court
- High Court
The court found exceptional circumstances existed because the plaintiffs had obtained significant funds from related proceedings (settlement with vendors) and the claim was of questionable merit; accordingly a contribution under s40(1) was ordered (NZD 30,000). The application for increased costs under Rule 48C was refused. The court would have ordered scale costs and disbursements totalling NZD 43,551.50 under s40(3) had the plaintiffs not been legally aided.