9 Oct 2007
ANGLESEA MEDICAL PROPERTIES LTD V BRAEMAR HOSPITAL LTD HC HAM CIV 2006-419-1492
- Citation
- openlaw-0872f2a1_35a8_48e8_8432_60a0dfc4c1ab.pdf
- Court
- High Court
The Court held Anglesea acted reasonably and with urgency in commencing interlocutory proceedings given expert and Council evidence indicating Building Act non-compliance; r 476 did not apply to discontinuance of the interlocutory application and the undertaking was discharged; clause 19.2(b) (requiring the lessee to pay the lessor's "costs, expenses and disbursements (including legal costs)") entitled Anglesea to solicitor/client (indemnity) costs which were objectively reasonable and payable, and interest under clause 16.5 was payable on demanded costs.