New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Uplift/conditional fee
  • 1 Dec 2016

    Herron v Wallace [2016] NZHC 2869

    Citation
    [2016] NZHC 2869
    Court
    High Court

    The indemnity clause entitled the plaintiff to indemnity costs but specific claimed items were excluded or unreasonable; after expert assessment and deductions the court allowed indemnity costs of NZD 291880.52 exclusive of GST (NZD 335662.60 inclusive), subject to the plaintiff certifying that no GST input credits have been claimed; an uplift/ premium was not recoverable under the indemnity clause because it was not within the parties' contemplation when the Sidmouth Settlement Deed was entered into; defendants must reimburse the Chief Executive of the Department for Courts for payments made…