New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable apportionment

Legal area

Court

20 Dec 2012

BODY CORPORATE 203710 V AUCKLAND CITY COUNCIL HC AK CIV-2006-404-7416

Citation

openlaw-499f7f35_4907_435b_bcd2_7cbcf9a5a167.pdf
Court

High Court

Summary judgment was entered for Building Code Consultants Limited because the Council could not establish the necessary element of reliance by the purchasers: contemporaneous documents and timing showed the purchaser of unit 1 did not rely on any alleged oral assurances and the purchasers of unit 14 were contractually bound before any alleged statements, so the Council's causes of action against BCCL could not succeed.
31 Mar 2011

SCANDLE v FAR NORTH DISTRICT COUNCIL and ORS HC WHA CIV-2008-488-000203

Citation

openlaw-cde42bf8_b279_4248_8920_cf85540048e8.pdf
Court

High Court

The first defendant is entitled to costs against the plaintiff on the prescribed scale subject to adjustments and further particularisation (first defendant to file amended assessment); the Court declines to make a Sanderson or Bullock order and directs the plaintiff to pay the first defendant's costs directly; the plaintiff is entitled to a reduced costs award against the second and third defendants limited to $43,200 (to be apportioned equally) unless the plaintiff files an amended costs memorandum by 28 April 2011 and the defendants respond within 14 days; adjustments to awarded disburseme…