26 May 2022
ASPHALT SUPPLY COMPANY LTD v COLE JOHN LTD [2022] NZHC 1196
- Citation
- [2022] NZHC 1196
- Court
- High Court
Appeal allowed; District Court costs judgment set aside and costs to be recalculated: (1) ASCO is the successful party on appeal and is entitled to costs on a 2B basis; (2) Cole John's costs award must be reduced by 20% to reflect ASCO's successful equitable set-off and partial success; (3) the 25% uplift for ASCO's conduct was not justified and is to be removed; (4) the additional discovery allowance is not justified and is to be disallowed; (5) the three-day preparation allowance was within the trial judge's discretion and is to stand; and (6) interest issues are to be resolved by proper ca…