26 Jun 2019
MAEHL v LENIHAN [2019] NZHC 1457
- Citation
- [2019] NZHC 1457
- Court
- High Court
Grant special leave to appeal out of time; held District Court was not functus officio on 23 February 2018 because the substantive judgment was silent on costs and remained unsealed so the costs discretion had not been finally exercised; therefore a costs order could be made. Exercising appellate powers, substituted a 2B costs award of NZD 13,330 in favour of the applicants rather than remitting the matter to the District Court.