12 Jun 2023
CUMMINS v BODY CORPORATE 172108 [2023] NZCA 226
- Citation
- [2023] NZCA 226
- Court
- Court of Appeal
The Court concluded there was no material change of circumstances sufficient to justify a second application to remove the caveat, the application amounted to a collateral attempt to re-run previously rejected arguments and constituted an abuse of process in the context of a history of dilatory conduct; accordingly the High Court did not err in awarding indemnity costs and the appeal was dismissed.