New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unit titles act s140

Legal area

Court

14 Apr 2015

BODY CORPORATE 401803 v VERMILLION WAGENER LIMITED [2015] NZHC 693

Citation

[2015] NZHC 693
Court

High Court

The court held that costs for the statement of claim are recoverable on a 2B basis because a statement of claim is the necessary commencing document for a summary judgment application; certification for second counsel was unjustified and disallowed; and the previously ordered 25% reduction applies to costs only and not to disbursements.
11 Mar 2015

WATERFRONT PROPERTIES (2009) LTD V LIGHTER QUAY RESIDENTS' SOCIETY INC CA775/2013 [2015] NZCA 62

Citation

[2015] NZAR 492
Court

Court of Appeal

It was arguable that the expert, having expressly stated he could not resolve fundamental conflicts in sworn evidence and that the outcome might have differed if witnesses had been questioned, materially departed from his mandate by issuing a final determination without reconvening or taking steps to resolve those conflicts; accordingly the strike out application failed and the respondents' first cause of action should proceed to the High Court.