26 Sept 2023
SIM v GRANT [2023] NZHC 2691
- Citation
- [2023] NZHC 2691
- Court
- High Court
Although defendants' failures to comply with discovery directions and maintenance of unreasonable positions justified more than scale costs, the court declined indemnity costs because the threshold for indemnity was not satisfied and the plaintiff's time records were insufficient to assess reasonable actual costs; the court therefore awarded 2B scale costs with a 50% uplift to reflect unjustifiable non-compliance.