26 Nov 2015
BODY CORPORATE 160361 v BC 2004 LIMITED AND BC 2009 LIMITED [2015] NZHC 2979
- Citation
- [2015] NZHC 2979
- Court
- High Court
The Court held plaintiffs were entitled to recover wasted costs measured by the methodology of the parties' quantity surveyor (Mr White) and awarded those wasted costs plus interest at the prescribed rate; issue estoppel precluded relitigation of the choice of wasted costs as the measure of compensatory loss; pleading deficiencies did not bar wasted costs because the claim for economic loss was of the same kind and defendants had notice and opportunity to address quantum and adduced/exchanged expert evidence by consent; increased costs as a separate adjustment were accepted in principle but t…