27 Mar 2015
BARBALICH v LEADERS REAL ESTATE (1987) LIMITED [2015] NZHC 593
- Citation
- [2015] NZHC 593
- Court
- High Court
The plaintiff honestly believed misrepresentations occurred and sought vindication; given the disputed credibility and causation issues it was not unreasonable to proceed to trial and to reject the settlement offers, so an uplift in costs was declined; however defendants' incomplete and late discovery caused additional cost and the appropriate remedy was to disallow the defendants' claimed costs for preparing their list of documents (NZD 4,975), resulting in a costs order of NZD 34,228 in favour of the defendants.