27 Apr 2018
BODY CORPORATE 200012 v KEENE & ORS [2018] NZHC 814
- Citation
- [2018] NZHC 814
- Court
- High Court
The court held that s59(2)(a)(ii) permits recovery of actual and reasonable costs only where the adjudication creditor pursues a debt recovery proceeding under s59(2)(a); applications under s59(2)(c)/s73 to register or enter determinations as judgments and judicial review proceedings are not recovery proceedings for the purposes of s59(2)(a)(ii), so Naylor Love was not entitled to actual and reasonable costs for defending the judicial review or the appeal; costs are awarded on a 2B basis.