18 Sept 2018
GLW Group Limited v Lepionka & Company Investments Limited [2018] NZHC 2445
- Citation
- [2018] NZHC 2445
- Court
- High Court
Paterson's caveat and defence were unreasonable and unsupported by evidence; an uplift on scale costs is warranted but indemnity costs or a 50% uplift are excessive. Award 2B scale costs uplifted 20% against Paterson, excluding second counsel charges. Costs against GLW lie where they fall because GLW obtained a preserving undertaking (partial success) but failed on other points and is now in liquidation; the Court may nonetheless make costs orders after giving the liquidator notice.