30 Mar 2023
SWENSON v LAWTON [2023] NZHC 687
- Citation
- [2023] NZHC 687
- Court
- High Court
Clause 2.15 of the agreement plainly and unambiguously confers an entitlement to indemnity (solicitor-client) costs for financial costs arising from Grant's failure to perform his payment obligations; the Court cannot refer the bill to the New Zealand Law Society for revision under the Lawyers and Conveyancers Act; indemnity covers only costs incurred enforcing the agreement (the enforcement proceeding), while costs for the separate related proceedings are recoverable on scale (2B); parties must attempt to apportion costs within 20 working days, otherwise further application permitted.