29 May 2023
SHARMA v CRAFT CONSTRUCTION LIMITED (IN LIQUIDATION) [2023] NZHC 1294
- Citation
- [2023] NZHC 1294
- Court
- High Court
Increased costs awarded (50% uplift of 2B scale) because the first defendant/liquidators, without reasonable justification, persisted in the position that the plaintiff's complex, expert-dependent claim should be dealt with under s 304 by the liquidators and thereby failed to accept a cogent legal argument, contributing unnecessarily to the applicant's costs contrary to r 14.6(3)(b)(iii); costs against liquidators personally were refused because no exceptional impropriety or bad faith was demonstrated; travel and filing fee disbursements were recoverable as reasonable and necessary.
- Leave to commence proceedings s 248
- Liquidator claim admission s 302–304
- Increased costs under high court rules r 14.6
- Costs against liquidators personally
- Building adjudication
- Quantum and expert valuation disputes