5 Jun 2020
BODY CORPORATE 328392 v NORTHERN TRUSTEE SERVICES (NO 145) LTD [2020] NZHC 1230
- Citation
- [2020] NZHC 1230
- Court
- High Court
The Court held indemnity costs were not justified because the Body Corporate's conduct fell short of the very high threshold for indemnity; however the Body Corporate unnecessarily pursued a drain order lacking merit and must pay increased costs (category 2B with 50% uplift) for steps up to 3 September 2019 plus additional allowance for two days for post-judgment affidavits; Northern Trustee entitled to experts' costs related to the drain less prior $2,000 award and filing fee; the Body Corporate is entitled to category 2B costs (reduced by 50%) for steps from filing the amended application;…