5 Oct 2015
JIN v KONISHI [2015] NZHC 2417
- Citation
- [2015] NZHC 2417
- Court
- High Court
The High Court allowed the appeal in part because the District Court failed to weigh the plaintiffs' prolonged pursuit of a meritless claim (and refusal to accept a Calderbank refund offer) against the defendant's defaults; that misapplication of discretion meant the indemnity costs award was unjustified and was quashed, while a modest costs award to the appellant for the formal proof and appeal was appropriate.