9 Sept 2019
OKEY v KINGSBEER [2019] NZCA 419
- Citation
- [2019] NZCA 419
- Court
- Court of Appeal
The Court upheld Cooke J's discretionary High Court costs decision: both parties had measure of success after the Court of Appeal restored the easement and ordered an upgrade with apportionment; appellants' pre-trial offer to pay 50% of upgrade costs was materially below the Court of Appeal's direction and justified a reduced High Court costs award (50% of scale 2B, fixed at $30,337.88). The appeal against that costs decision was dismissed.