29 Feb 2012
YOUNG V KPSS NEW ZEALAND LIMITED HC DUN CIV-2011-412-000314
- Citation
- openlaw-c0b70965_d9c0_483c_b181_738d95c1b075.pdf
- Court
- High Court
Because the default judgment represented a judgment to which the respondent was not entitled and would never be entitled (a final disposition), the usual indulgence rule does not apply; accordingly costs were awarded to the successful appellant on the appeal, subject to quantified adjustments for the respondent's lost solicitor/client cost claim (assessed on a District Court 2B basis) and payable interest, and the District Court costs orders on the stay and set aside applications were quashed though not reversed so those costs lie where they fall.