17 Mar 2017
DAVIS v WHITE Costs Judgment [2017] NZHC 500
- Citation
- [2017] NZHC 500
- Court
- High Court
Applicants acted unreasonably by pursuing an untenable position (relying on a draft deed and arguing the Freemasons were entitled to the whole fund) contrary to earlier advice that respondent was entitled to the assets; indemnity costs were not awarded because applicants relied on counsel's opinion, but an increased award was warranted; the court therefore awarded a 50% uplift on 2B costs ($34,119 plus $1,928.72 disbursements) in favour of the respondent and ordered the applicants personally to pay 50% of their own legal fees and barred them from recourse to trust funds to satisfy the awarded…