3 Nov 2011
PARK V STIRLING HC WHA CIV-2009-488-57
- Citation
- openlaw-a14d56de_010d_41ab_a301_cc93a6d977bc.pdf
- Court
- High Court
Plaintiff entitled to costs against first and second defendants. The 2C scale for discovery and inspection and additional preparation days was not justified given narrow factual matrix and short hearing; therefore award on 2B scale with no extra preparation days. Jason and Blair, having legal aid, cannot be ordered to pay unless exceptional circumstances exist and none were found; their liability is specified under s40(5). Brendan, who did not obtain legal aid, is liable for a proportion of costs (one‑third) because he chose to defend and did so unsuccessfully; first defendant liable for 50%…