8 Jul 2016
TEXAS HEAT LTD v B & J INTERNATIONAL TRADING LTD [2016] NZHC 1552
- Citation
- [2016] NZHC 1552
- Court
- High Court
The court found that omission to mention the registered Notice of Claim in the memorandum was a material omission but would not have changed the provisional assessment of risk informing the without notice freezing orders; other omissions (not summarising pleaded defences, minor inconsistency about partner/ex‑partner) did not mislead the court. Accordingly indemnity or increased costs were not warranted. The second defendant was awarded costs on a schedule 2B basis for steps up to but not including the hearing, plus disbursements as fixed by the Registrar.