29 May 2012
N-TECH LIMITED AND ORS v ABOOTH LIMITED AND ORS HC AK CIV-2006-404-003362
- Citation
- openlaw-395949c0_8a7d_47da_bc6b_2598f5141751.pdf
- Court
- High Court
The Court refused indemnity or increased costs because the plaintiffs' lack of merit was not incontrovertible on the incomplete evidence; the defendants were awarded scale costs of NZD 774,157 (subject to agreement or taxation for specified discovery items); no costs were awarded to plaintiffs on discontinuance of defendants' counterclaims because counterclaims were parasitic on the defendants' affirmative defences and any counterclaim costs were marginal and subsumed by the defence costs (Medway principle); parties to bear costs of the applications themselves as they fell.