24 Apr 2009
SAUNDERS AND ANOR V WINTON STOCK FEED LIMITED AND ANOR CA CA536/2008
- Citation
- openlaw-01d4e6ee_2f55_46db_b8ba_2d529c1d5ddd.pdf
- Court
- Court of Appeal
The Court held the High Court judge erred in awarding solicitor/client (indemnity) costs because the appellants' application was not shown to be vexatious, frivolous, improper or unnecessarily flagrant; however increased party costs were justified under r 48C(3)(a) due to the late filing and urgency, and the Court substituted a costs award of $8,240 plus disbursements $425.17 (total $8,665.17) and awarded costs on appeal to the appellants (standard appeal band A reduced by one third).
- Indemnity costs
- Calderbank settlement offers
- Strike out/summary judgment
- Adjournment and wasted costs
- Costs quantification and bands