4 Jun 2021
THECIRCLE.CO.NZ LIMITED v TRENDS PUBLISHING INTERNATIONAL LIMITED (IN LIQUIDATION AND IN RECEIVERSHIP) [2021] NZCA 235
- Citation
- (2021) 29 PRNZ 766
- Court
- Court of Appeal
The Court of Appeal held indemnity costs were not justified because Trends had an arguable contractual claim based on the Funding Agreement confidentiality clause (cl 8) meaning the overall case could not be characterised as hopeless from conception; however Trends pursued aspects of the case that were hopeless (notably proving the entirety of claimed Eligible R&D expenditure) warranting an uplift to standard scale costs of 50 per cent; the High Court's non-party orders against TheCircle and Mr Johnson were upheld as properly made given control and funding for their own benefit; disbursements…