New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Indemnity costs (r 14.6(4))
  • 26 May 2016

    MCCLEAN & CO LIMITED v MALLOCH MCCLEAN LIMITED [2016] NZHC 1115

    Citation
    [2016] NZHC 1115
    Court
    High Court

    Indemnity costs were not justified under r 14.6(4); plaintiff unsuccessful and must contribute to defendant's costs; given urgency, atypical time demands and that scale costs understated actual preparation, a pragmatic award of $4,000 in costs to the defendant (approx one counsel for a little over 10 hours) is appropriate.

    • Interim injunction
    • Urgent hearing
    • Costs following the event
    • Indemnity costs (r 14.6(4))
    • Scale costs