New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of guarantee

Legal area

Court

27 Feb 2014

GILLES BAKERY LIMITED v KEVIN JAMES GILLESPIE [2014] NZHC 306

Citation

[2014] NZHC 306
Court

High Court

Clause 6.1 of the guarantee, properly interpreted, covers Westpac's litigation costs defending proceedings that directly attacked the validity and enforceability of the guarantee; accordingly Westpac was entitled to indemnity costs. In addition, the plaintiffs' claims lacked merit against Westpac and against Messrs Finnegan and Pettigrew such that an uplift of 50% on scale costs was justified for the latter defendants.
26 Nov 2010

JACOMB AND ANOR V WIKELEY (COSTS) HC WN CIV-2010-485-997

Citation

openlaw-12fe0c40_fbd2_4558_8b04_197dcb008b92.pdf
Court

High Court

The general rule in NZI Bank v Philpott applies; the defendant did not show that this was an exceptional case of abuse or certain knowledge of failure by the plaintiffs and his tactical non-disclosure weighs against awarding costs, so costs are declined and reserved pending final outcome.