30 May 2014
NORTH HOLDINGS DEVELOPMENT LIMITED & ORS v WGB INVESTMENTS LIMITED [2014] NZHC 1175
- Citation
- [2014] NZHC 1175
- Court
- High Court
In applications to modify or extinguish restrictive covenants the successful applicant is not automatically entitled to costs because the respondent begins 'in the right'; absent unreasonable conduct by the respondent the court will generally decline to award costs to the applicant — accordingly the applicants' costs application was dismissed and costs were ordered to lie where they fall.