12 Sept 2022
PENNEY v WYLIE PROPERTIES LIMITED [2022] NZHC 2315
- Citation
- [2022] NZHC 2315
- Court
- High Court
The defendants were entitled to a wasted costs award because the plaintiff could and should have sought an adjournment earlier and thereby avoided defendants' wasted preparation; the Court accepted the plaintiff had serious back pain but determined the defendants' assessed actual wasted costs of $5,285 should be reduced to two thirds, awarding $3,520 plus GST and debarring the plaintiff from prosecuting his substantive claim until that sum is paid, while declining to strike out the proceeding or bar opposition to summary judgment.