7 Feb 2018
JARDEN v LUMLEY GENERAL INSURANCE (NZ) LIMITED [2018] NZCA 6
- Citation
- [2018] NZCA 6
- Court
- Court of Appeal
The Court held the respondent was the successful party because the appellants' primary contract claim failed entirely; the appellants pursued a misconceived total-loss/rebuild case, failed to provide evidence and comply with directions, and thus the Associate Judge did not err in awarding costs on a 2B basis with a 25% uplift; no reduction under r 14.7(d) was appropriate given the appellants' lack of success on their substantive claims.