11 Feb 2015
Body Corporate 348047 v Auckland Council [2015] NZHC 128
- Citation
- [2015] NZHC 128
- Court
- High Court
The original statement of claim dated 23 October 2013 was a nullity and an abuse of process, but because the plaintiffs filed an amended statement of claim on 20 August 2014 that contained sufficient particulars to identify a potential cause of action the proceeding was not struck out in its entirety; accordingly the court exercised its discretion under r14.1 to award costs to the first defendant on Category 2 Band B ($8,059.50) plus disbursements ($500) rather than awarding indemnity costs.