31 Aug 2015
MCKEOWN v SMALL [2015] NZHC 2091
- Citation
- [2015] NZHC 2091
- Court
- High Court
The court held a reasonable proportion (60%) of the pre-litigation Timpany Walton legal fees ($18,142.05) was recoverable from the second defendants because their failure to provide timely and proper estate accounts and information caused the expense; indemnity costs were not justified as defendants did not behave so unreasonably as to meet r14.6(4) threshold, but an increased costs award was justified because defendants failed to act reasonably after proceedings were filed, so category 2B costs were awarded with a 50% uplift from the filing date (April 2014).