1 Oct 2019
BODY CORPORATE 417948 AND OTHERS NAMED AT SCHEDULE 1 v WATTS & HUGHES CONSTRUCTION LIMITED [2019] NZCA 469
- Citation
- [2019] NZCA 469
- Court
- Court of Appeal
The Court awarded costs to the appellants because the second respondent actively opposed the leave application and appeal, then subsequently consented to adjourn the trial thereby removing the practical need for the appeal; having achieved the objective of the appeal by consent, the appellants displaced the ordinary presumption and were entitled to costs, with adjustments to quantum on reasonableness of time allowances and applicable daily rate.