4 Apr 2006
RPNZ LTD V THE REAL ESTATE INSTITUTE OF NZ INC HC AK CIV 2005-404-976
- Citation
- openlaw-f98c2219_3eda_4457_b843_e825cdc86201.pdf
- Court
- High Court
Although the intending plaintiff lost the pre-issue discovery application, the court found no proper foundation for awarding indemnity or increased costs under r48C because the applicant had an arguable basis given the parties' prior relationship and concerns about potential misuse; however the defendant reasonably incurred more preparation time than Band B for the opposition, so the court awarded Band C (2 days) for preparation of the notice of opposition and affidavits and Band B for the remaining steps, resulting in costs of $7,250 plus disbursements.