New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Presumption on costs
  • 20 Apr 2023

    MORRISON v FRANCIS [2023] NZHC 841

    Citation
    [2023] NZHC 841
    Court
    High Court

    The plaintiff discontinued the proceeding and failed to demonstrate just and equitable grounds to displace the statutory presumption in r 15.23; the plaintiff's factual account was contestable, he did not establish innocence, financial hardship was insufficient, and his failure to perform an interim settlement caused additional costs, therefore costs follow the event and are awarded to the defendants on a category 2B basis plus disbursements.