20 Jul 2023
FAIRBAIRN MANUKAU HOLDINGS LTD v JENHASH CONTRACTING AND CONSULTANTS LTD [2023] NZHC 1890
- Citation
- [2023] NZHC 1890
- Court
- High Court
The plaintiff was entitled to indemnity costs because the defendant had signed terms of trade (clauses 7.1(c) and (d)) that covered recovery of actual legal costs and the claimed legal work fell within those provisions; alternatively indemnity costs were justified under r 14.6(4)(f) and Schedule 7 cl 1(1)(c) of the Companies Act 1993; the claimed fees and disbursements were reasonably incurred and therefore the court awarded indemnity costs of $11,650 and disbursements of $1,682.36 (excluding GST).