16 Sept 2021
JOHNSON v JOHNSON [2021] NZHC 2432
- Citation
- [2021] NZHC 2432
- Court
- High Court
The Court awarded indemnity costs because the ex parte injunction and the discovery application were improperly presented and pursued: the ex parte application failed to disclose highly material context and adverse material (notably the long‑foreshadowed status of the Global Hort claim and exceptions in Mr Johnson's discovery affidavit), made serious allegations without advising the court of contested defences, and the discovery application pursued draconian, disproportionate orders and allegations against counsel and an IT expert that were unsupported; collectively this conduct met the thres…