19 Aug 2010
BLUESTAR PRINT GROUP (NZ) LTD V DAVID MITCHELL CA CA504/2009
- Citation
- openlaw-ed769ec4_a55d_45dc_b286_99efc40e9259.pdf
- Court
- Court of Appeal
The Employment Court erred in law by disregarding the Calderbank offer and by finding abandonment of the exemplary damages claim; regulation 68(1) and the High Court Rules require that reasonable Calderbank offers be given effect in costs assessments even in employment cases where vindication is a factor, and therefore the costs order against the appellant was quashed.