28 Jun 2013
HAINES HOUSE REMOVALS LTD v KATHLEEN MARY JAMIESON [2013] NZHC 1597
- Citation
- [2013] NZHC 1597
- Court
- High Court
The indemnity was not reasonably construed to cover costs of a separate s 86 proceeding challenging the Official Assignee's discontinuance decision; the connection between commencing the Spearhead claim and costs incurred in a discrete statutory challenge was too tenuous and, given the Official Assignee drafted the deed and could have expressly included such coverage, the indemnity does not extend to s 86 appeal costs. Consequently the Official Assignee is not entitled to contractual indemnity costs but is entitled to category 2B costs for steps directly opposing Haines (excluding steps oppos…