5 Oct 2006
GIBBS V THE NEW PLYMOUTH DISTRICT COUNCIL HC NWP CIV 2004-443-115
- Citation
- openlaw-f89abc15_4ed2_4477_80b8_010f386aec84.pdf
- Court
- High Court
Costs should follow the event; Mr Gibbs' case did not attract a public interest exception because he expanded the litigation beyond the narrow legal point under s73(3) by alleging bias and irrationality, which lacked real prospects and increased time and expense; accordingly Mr Gibbs must pay costs to the Council on a 2B basis and pay the Association $2750 plus disbursements; no indemnity or increased costs ordered.