13 Jul 2016
VALMAR TRUSTEE LIMITED v SMART WATER TECHNOLOGY LIMITED [2016] NZHC 1583 [13 July 2016]
- Citation
- [2016] NZHC 1583
- Court
- High Court
No uplift in costs was warranted. Although applicants pursued some irrelevant and inflammatory points and failed some timetabling directions, their overall case was not devoid of merit, adjournment requests were not unreasonable, the pre-action letter did not clearly constitute an offer to settle the proceeding, and the applicants had legitimate concerns given alleged statutory breaches and the need for audit verification; the proceeding remained an originating application for costs purposes. Therefore respondents are entitled only to 2B scale costs and disbursements totaling the assessed amo…