1 Sept 2010
JUST KIDS LIMITED V PUMPKIN PATCH LIMITED HC AK CIV 2010-404-3804
- Citation
- openlaw-9cc8e19c_cd8d_4013_852f_bc7ac7844b1b.pdf
- Court
- High Court
Damages under the undertaking were refused because Pumpkin Patch failed to substantiate loss (pro forma forecasts and evidence were speculative and inadequate); increased (but not indemnity) costs were awarded because Just Kids should have proceeded by Pickwick rather than without notice, which caused unnecessary expense—costs fixed on a 2B scale with a 50% uplift and disbursements to be fixed by the Registrar.