22 Oct 2020
MANNING v SMITH [2020] NZHC 2780
- Citation
- [2020] NZHC 2780
- Court
- High Court
Indemnity costs under r 14.6(4)(c) were declined on discretionary grounds because the liquidators had a genuine legal issue when seeking directions; however increased costs were justified because Mr Smith's unreasonable, unsubstantiated and intemperate conduct contributed unnecessarily to the time and expense of the proceedings. Accordingly the Court awarded increased costs (25% uplift) to both the Ogilvy parties and the liquidators, costs assessed on a 2B scale with band C to apply to preparation of evidence and written submissions for the Ogilvy parties.