18 Jul 2017
Flujo Holdings Pty Limited v Merisant Company [2017] NZHC 1656
- Citation
- [2017] NZAR 1395
- Court
- High Court
The Court declined Merisant's application to vary the notice of discontinuance and to prohibit refiling: it was not satisfied the Court has (or should exercise) an inherent jurisdiction to make the sweeping bar sought, and on the evidence Flujo's late discontinuance did not amount to an abuse of process warranting that relief; instead Flujo was ordered to pay Merisant costs (scale 2B with exclusions), a 40% contribution to actual pre-trial wasted costs ($58,035), and specified disbursements.