25 Oct 2013
CLEARWATER COVE APARTMENTS BODY CORPORATE NO 170989 v VAN DIJK & PALMER [2013] NZHC 2824
- Citation
- [2013] NZHC 2824
- Court
- High Court
The High Court upheld the Tribunal's findings that most of the Body Corporate's claim lacked substantial merit and that the Body Corporate acted in bad faith by failing to disclose highly relevant joint venture, valuation and redevelopment documents, making indemnity costs justifiable; however the indemnity award was reduced to 85% of actual costs because two units' claims were not shown to lack substantial merit, and the Tribunal was remitted to undertake a detailed assessment of the reasonableness of the actual costs claimed, with interim payments ordered.