26 Jun 2019
MINISTER OF EDUCATION v H CONSTRUCTION NORTH ISLAND LTD (IN REC AND LIQ) [2019] NZHC 1459
- Citation
- [2019] 24 PRNZ 549
- Court
- High Court
McConnell Ltd was ordered to pay non-party costs because it funded and guaranteed Hawkins' defence, had oversight and tacit approval of litigation strategy, and exploited Hawkins' insolvency while funding a substantial defence; this conduct satisfied the 'something more' threshold for non-party costs. The McConnell directors were not held personally liable because they did not inject personal funds nor was there evidence they personally benefited from the litigation strategy.