10 May 2023
A v D AND E LIMITED AS TRUSTEES OF THE Z TRUST [2023] NZHC 1111
- Citation
- [2023] NZHC 1111
- Court
- High Court
The Court held that while 'commencement of defence' can encompass work beyond drafting a statement of defence, the factual and legal tasks here did not justify the same uplift previously awarded to plaintiffs; accordingly defendants were awarded four days at Band B for Step 2 rather than the Band C calculation claimed; costs for the Beddoe application were disallowed as improperly brought post-judgment, but costs were allowed for one post-judgment memorandum (0.4 days) because clarification sought was necessary and trustees are entitled to indemnity from trust property after the appeal.