17 Sept 2020
The non-parties, being separate legal entities that reasonably opposed the non-party discovery application and succeeded, are entitled to be reimbursed by the plaintiff for their actual and reasonable costs and disbursements on a GST-exclusive basis; the plaintiff's arguments about related proceedings did not displace the usual principle of indemnifying non-parties.
7 Nov 2012
The conduct of the statutory managers in failing to identify and produce documents rendered the adjournment avoidable and careless but did not amount to the flagrant misconduct necessary for indemnity (solicitor-client) costs; consequently Mrs Hubbard is entitled to costs on the 3C scale with uplift (rounded to $30,000) to be paid by the statutory managers and a separate wasted costs award of $7,500; suppression of specified affidavit material and personal financial references is ordered; media applications are permitted subject to guidelines except still photography by Radio New Zealand whic…
12 Apr 2010
Because the debt underlying the statutory demand was paid following the defendant's failure to respond, the liquidation proceedings were dismissed; an order for solicitor/client indemnity costs was declined because the substantive entitlement to recover the levies had not been judicially determined and the proceedings were resolved by default, but an increased costs award (50% uplift) was justified given inevitability of payment or liquidation; interim non-publication order was lifted.
12 Dec 2007
The appeal is allowed in part: the High Court set aside the District Court's rent quantum judgment because contractual arbitration must determine the reviewed rent once invoked; however the District Court's award of indemnity/solicitor-client costs against the guarantor is upheld because the guarantee and lease clauses unambiguously expose the guarantor to full indemnity costs incurred in enforcement and there was no evidence the costs were unreasonable.