16 Sept 2015
ZYXCBA DEVELOPMENTS LIMITED v AUCKLAND COUNCIL [2015] NZHC 2224
- Citation
- [2015] NZHC 2224
- Court
- High Court
Increased costs under r 14.6 were declined because the Court considered the declaratory proceedings were a legitimate means to resolve difficult and awkward plan interpretation issues; costs were awarded on a 2B basis (one counsel). The defendant was allowed costs for the helpful second case management memorandum, denied costs for the second Harland affidavit, no allowance for second counsel was made, and expert fees claimed were found to be reasonably necessary and reasonable in amount; final awards were $25,671 for costs and $21,702 for disbursements (GST inclusive).