24 Oct 2019
JANES v BENNEY [2019] NZHC 2719
- Citation
- [2019] NZHC 2719
- Court
- High Court
The presumption under r15.23 that a plaintiff who discontinues must pay the defendant's costs applies; it was not displaced here because the plaintiffs' conduct (including unnecessary claims, misjoinder and inappropriate summary judgment attempts) caused more unnecessary work for Unlimited Potential than vice versa. The court therefore ordered Ms Janes to pay costs on the discontinuance of $4,460 and fixed High Court costs for steps taken in this court to assist the District Court (Unlimited Potential: $12,286 if it succeeds; Ms Janes: $9,598 if she succeeds). The proceeding is transferred to…