18 Oct 2013
STANHOPE WORKSHOP LIMITED v ARTHUR & ANOR [2013] NZHC 2725 ]
- Citation
- [2013] NZHC 2725
- Court
- High Court
Plaintiff acted reasonably in commencing proceedings but seeking a without‑notice mandatory injunction was inappropriate; because there were two defendants and the first defendant gave an early undertaking and did not oppose the proceedings, costs are awarded on a 2B scale but halved between two defendants, resulting in an award of $3,582 against the first defendant; plaintiff cannot recover separate research fees; first defendant must also pay one‑half of the filing fee on the notice of proceeding (not the without‑notice application) and one‑half of service costs.