19 Oct 2010
TOURNAMENT PARKING LIMITED V THE WELLINGTON COMPANY LIMITED HC WN CIV 2009-485-2508
- Citation
- openlaw-3fc80971_b707_4ddb_ae91_c340465ab9aa.pdf
- Court
- High Court
Although Calderbank offers made in the District Court are not governed by High Court Rules, they may be taken into account for policy reasons, but in this case the District Court offer could not be meaningfully compared to the appeal judgment and therefore did not affect the High Court costs decision; costs follow the event and the appellant is entitled to 2B costs of $2,720 plus disbursements; on the substantive point time was not of the essence but an implied term of reasonable time applies and damages may follow.