4 Jul 2013
FRIMLEY ESTATE LIMITED v K8 LIMITED [2013] NZHC 1693 [NAPIER]
- Citation
- [2013] NZHC 1693
- Court
- High Court
The r15.23 presumption that a plaintiff who discontinues must pay costs was not displaced because the statutory demand was properly issued following a Disputes Tribunal judgment, the applicant did not pay or secure the debt or pursue other remedies first, and therefore the applicant must pay costs on discontinuance assessed at $5,174 on a category 2B basis (plus approved disbursements).