17 Nov 2021
TANEDO v DESIGNER’S DESTINATION LTD (In Liq) Costs Judgment [2021] NZHC 3102
- Citation
- [2021] NZHC 3102
- Court
- High Court
The presumption in r 15.23 was not displaced because the second and third defendants had consistently and reasonably stated they would withdraw the caveat upon confirmation there were no sale proceeds to pay them, settlement impediments involved other parties and issues, and the plaintiffs commenced proceedings prematurely and by an incorrect procedure for caveat removal; accordingly plaintiffs must pay costs to the second and third defendants but indemnity costs were not justified.