19 Nov 2020
AMFL LIMITED v SIMON LYDALL SAVILL [2020] NZHC 3058
- Citation
- [2020] NZHC 3058
- Court
- High Court
Clause 16.1.2(b) of the Facility Agreement plainly and unambiguously covered legal costs incurred in enforcing the lender's rights, including costs of opposing injunctions; the costs claimed were objectively reasonable in the circumstances; accordingly AMFL was entitled to indemnity costs under the Agreement, but the respondent was entitled to 2B costs for his successful without‑notice injunction which were set off against AMFL's award; indemnity costs for the separate costs application were declined except for a partial award of $1,300 to AMFL.