25 Feb 2021
BILKEY v KYRIAK and [2021] NZHC 264
- Citation
- [2021] NZHC 264
- Court
- High Court
The appeal is dismissed. The High Court held the District Court Judge did not err: set-off under r 14.16 did not apply because appellants' success on the fence was a partial defence rather than a counterclaim and was appropriately reflected by a 50% reduction under r 14.7(d); appellants' pre-trial letters did not satisfy rr 14.10-14.11 so could not be used under that regime, and respondents had reasonable justification to refuse the offers so r 14.7(e)(v) did not require further cost reduction; a 5% additional reduction for discovery non-compliance and the late defamation application was with…