1 May 2014
THE OFFICIAL ASSIGNEE v JAMIESON [2014] NZHC 875
- Citation
- [2014] NZHC 875
- Court
- High Court
Haines was not a 'pure funder': it funded the Official Assignee, had a direct financial interest and was a real party in important respects; the 'but for' causation test was satisfied; the presumption under r 15.23 was displaced given the circumstances; Haines unreasonably delayed acceptance of discontinuance and contributed to wasted trial preparation, and accordingly Haines was ordered to pay a modest costs award of NZD 5,640 for three days wasted preparation; costs of the application itself were to lie where they fall.