14 Jun 2016
MCLEAN v MARSHALL [2016] NZHC 1276
- Citation
- [2016] NZHC 1276
- Court
- High Court
Because the Court of Appeal established claimant was entitled to recover costs to restore the source code and the rehearing produced credible evidence that Infoscan incurred and charged $103,033.08 in reasonable remedial costs to restore the code to its termination form, judgment is entered for Mr McLean for $103,033.08 plus interest; res judicata prevents reconsideration of the separate $7,961.54 claim and mitigation arguments were rejected as unreasonable and unavailable given the defendant's conduct.