15 May 2023
CAYMAN SPECTRUM (NZ) CO v SPARK NEW ZEALAND TRADING LTD [2023] NZHC 1152
- Citation
- [2023] NZHC 1152
- Court
- High Court
Indemnity costs were refused because the plaintiffs obtained senior legal advice and their conduct did not meet the very high threshold for indemnity; however increased costs were awarded in respect of the s67 application because the plaintiffs unreasonably persisted after receiving Spark's detailed submissions showing the claim lacked merit; costs were apportioned with Category 3B for pre-submission steps, Category 3C for submissions and hearing time, a 60% uplift attributable to the s67 component (assessed as occupying 60% of hearing and submissions), the interrogatories application was pre…