22 Aug 2013
MURPHY v MURPHY [2013] NZHC 2145 [22 August 2013]
- Citation
- [2013] NZHC 2145
- Court
- High Court
The plaintiff's rejection of the $30,000 Calderbank offer and the making of a $55,000 counter-offer did not amount to the 'exceptional circumstances' required by s45(2) because the counter-offer was explained, borne of a reasonable assessment and accompanied by willingness to continue negotiations; therefore no costs order against the legally-aided plaintiff under s45(2), but pursuant to s45(5) the court specifies that costs of $37,810 would have been awarded but for the effect of s45.