29 Sept 2023
STOTT v UPLIFTING HOMES LTD - Costs [2023] NZHC 2732
- Citation
- [2023] NZHC 2732
- Court
- High Court
The contractual indemnity clause did not apply because the plaintiffs' claim was for cancellation and damages rather than enforcement or achieving payment under the contract; the defendant's unaccepted $175,000 offer exceeded the judgment and therefore crystallised the plaintiffs' entitlement to costs only up to the date of the offer, but the defendant, as the unsuccessful party against whom judgment was obtained, could not recover increased or uplifted costs for unreasonable non‑acceptance; specific challenged disbursements (investigations and brief preparation) were disallowed; accordingly…