30 Jun 2023
MAQBOOL v TOWER INSURANCE LTD [2023] NZHC 1665
- Citation
- [2023] NZHC 1665
- Court
- High Court
The plaintiffs failed to disclose a material fact (conversion of the dwelling into two self-contained units without consents), justifying dismissal of the indemnity claim; indemnity costs were not awarded because plaintiffs did not act sufficiently badly, but because plaintiffs unreasonably rejected a generous settlement offer of $220,000 on 11 June 2021 increased costs were awarded (150% uplift) for steps after that date and costs on a category 2B basis were ordered for steps up to that date; plaintiffs ordered to pay disbursements of $17,453.79.