New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Public interest communication defence

Legal area

Court

23 Mar 2020

LEE v LEE & ANOR [2020] NZHC 612

Citation

[2020] NZHC 612
Court

High Court

Some uplift was warranted because defendants unreasonably refused the plaintiff's Calderbank offers in light of weak prospects on their defences, but plaintiff's insistence on broad apologies and far-reaching undertakings that exceeded defamation remedies justified limiting the uplift; a 15% uplift on 2B scale costs was appropriate. Post-judgment conduct was not a basis for additional uplift. Disbursements of $82,926.16 were reasonable. Defendants ordered jointly and severally to pay total $163,451.46.
20 Jun 2018

HARVEY v MEDIAWORKS HOLDINGS LIMITED [2019] NZHC 1414

Citation

[2019] NZHC 1414
Court

High Court

Associate Judge Johnston refused the defendant's application for a judge-alone trial because the case did not principally involve difficult questions of law and the plaintiff had validly exercised the s16 election for trial by jury; the application to transfer to the District Court was dismissed because the plaintiff's counsel opened the case on the basis that damages exceed $350,000 and s43(1) prevents pleadings of quantum, so transfer would defeat the plaintiff's entitlement and the District Court's jurisdictional limit.