10 Nov 2015
BODY CORPORATE 198900 LTD v BHANA INVESTMENTS LTD [2015] NZHC 2787
- Citation
- [2015] NZHC 2787
- Court
- High Court
Defendants were substantially successful on the principal issue (that the awnings were common property and the body corporate could not remove them except by special resolution), so costs were awarded to the successful defendants; however, uplifts for second counsel, additional discovery uplift, and for refusal to mediate were declined as unjustified, and the court exercised its discretion to uplift the award for second and third defendants by the amount they had already contributed to the body corporate's costs.