7 Nov 2016
KENT & OR v ROBERT BOSCH (AUSTRALIA) PTY LTD & OR [2016] NZHC 2650
- Citation
- [2016] NZHC 2650
- Court
- High Court
The presumption under r 15.23 was displaced by equitable considerations: the discontinuance was driven by a settlement between the plaintiffs and first defendant and by the second defendant's financial incapacity and refusal to participate even on costs, such that awarding him costs would be inequitable; therefore the application for costs by the second defendant is refused.