23 Nov 2018
DP ALAM HORTICULTURE LIMITED (IN LIQUIDATION) v SORENSEN [2018] NZHC 3062
- Citation
- [2018] NZHC 3062
- Court
- High Court
High Court Rule 15.23 creates a presumption that a defendant is entitled to costs following a plaintiff's discontinuance; that presumption was not displaced where the plaintiffs' asserted justification (lack of funding and disputed merits) was not sufficiently compelling or obvious to outweigh the rule, and the defendant was therefore entitled to costs subject to adjustment for work not performed or inappropriate claims.