16 May 2017
Patel v Macleod [2017] NZHC 990
- Citation
- [2017] NZHC 990
- Court
- High Court
Because the applicants' discontinuance was unilateral and the respondents reasonably preserved their position given the applicants' delayed performance of a conditional settlement, the presumption under r 15.23 applied; clause 6.1 of the lease covers solicitor/client costs incidental to enforcement and therefore entitled respondents to indemnity costs, but the court reduced the claimed amount as not fully objectively reasonable and awarded solicitor/client costs of $9,500 plus disbursements of $757.27 (GST exclusive).