New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Partial indemnity

Legal area

Court

21 Jul 2022

STRINGER v CRAIG [2022] NZHC 1764

Citation

[2022] NZHC 1764
Court

High Court

The High Court held there was sufficient evidence of legal fees genuinely paid relating to these proceedings and, applying the Court of Appeal's requirement of a partial indemnity approach, ordered Mr Stringer to pay $54,425.91 for legal fees attributable to these proceedings (comprising $50,836.41 and $3,589.50) and refused to include uncertain mixed or unallocated estimated fees, resulting in a total disbursements award of $61,935.34 with $5,000 credited from security.
26 Jun 2017

GODFREY v BORLEY [2017] NZHC 1380

Citation

[2017] NZHC 1380
Court

High Court

Given precedent permitting a contribution to legal costs for lay litigants, the court awarded a partial but substantial contribution to the applicant's solicitor fees ($720) plus disbursements ($200) because the solicitors charged less than the scale 2B entitlement, there was uncertainty whether the applicant prepared drafts himself, and a reduced award achieves the partial indemnity function of costs.