24 Jun 2020
NGATI TAMA CUSTODIAN TRUSTEE LIMITED v PHILLIPS [2020] NZCA 252
- Citation
- (2020) 25 PRNZ 465
- Court
- Court of Appeal
The Court of Appeal held that the conduct in this Court (notably adjournment due to counsel withdrawal and an attempted late affidavit filing) did not meet the high threshold of "exceptional circumstances" under s 45 of the Legal Services Act 2011; although the indemnity clause in the settlement deed is relevant it is not decisive; accordingly no costs were awarded in the Court of Appeal and the earlier CA costs order was recalled and set aside; High Court costs are to be determined by the High Court.