New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Indemnity costs under agreement
  • 17 Dec 2008

    WESTVIEW FUNERAL CARE LIMITED V GRAHAM AND ORS HC AK CIV 2006-404-6229

    Citation
    openlaw-2f9e4166_f853_464a_ad6a_4f3f6ded827e.pdf
    Court
    High Court

    The plaintiff failed to comply with a court order for security for costs, did not file the required opposition materials, the proceedings had drifted with little progress and were hopeless on the merits; the Court must exercise its discretion to strike out and order costs against the plaintiff on a 2B basis with disbursements fixed by the Registrar.

    • Strike out
    • Security for costs
    • Costs orders (2b)
    • Leave to withdraw counsel
    • Rule 45a application
    • Indemnity costs under agreement