5 Aug 2019
BOOTH v POPLAR ROAD FARMS LIMITED [2019] NZHC 1889
- Citation
- [2019] NZHC 1889
- Court
- High Court
Successful plaintiff awarded costs for the rectification application on a 2B scale (except preparation of evidence) because the proceeding involved complex accounting and expert evidence and the time allowances were reasonable; the third defendant must pay costs on discontinuance on a 2B basis because financial inability did not displace the presumption; uplift denied because lack of merit of the abandoned s165 application was not 'utterly clear' or incontrovertible; modest costs on the costs application awarded due to unsuccessful refusal to settle and correspondence history.