New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Damages quantum

Legal area

Court

5 Oct 2021

ORAKA TECHNOLOGIES LTD v GEOSTEL VISION LTD [2021] NZHC 2635

Citation

[2021] NZHC 2635
Court

High Court

Although Oraka remained the successful party, its success was negligible and it contributed to inefficiency; the Calderbank and settlement offers relied upon did not entitle Geostel to costs on the facts; balancing all factors the court ordered that costs lie where they fall (no order as to costs) and did not determine the preservation order issue which requires a separate application.
22 Feb 2013

STIASSNY & ANOR V SIEMER HC AK CIV-2005-404-1808

Citation

openlaw-00cf5369_29a1_45d7_b3ff_65b1c1cd62d1.pdf
Court

High Court

Application dismissed: the substance of the challenge had been previously determined by higher courts; the new over-charging evidence should have been raised in the separate originating proceeding, does not establish the requisite conscious and deliberate dishonesty, and would not have altered the outcome; the application constitutes an abuse of process and recall/set-aside is refused.