New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remittal from court of appeal

Legal area

Court

11 Nov 2020

TAYLOR v SMALL [2020] NZHC 2947

Citation

[2020] NZHC 2947
Court

High Court

Costs awarded at full 2B scale because the defendants did not demonstrate that any failed cause of action or difference in relief materially and significantly increased their costs under r 14.7(d); the differences in timing and form of relief did not negate plaintiffs' success; the Auckland Council property file disbursement was reasonable; a minor reduction was made to reflect actual hearing time for a short interlocutory appearance.
26 Nov 2019

McCOLLUM v THOMPSON [2019] NZHC 3090

Citation

[2019] NZHC 3090
Court

High Court

Defendants' claim for special damages for lost milk and progeny income was dismissed because at the time of conversion they had effectively ceased to trade and lacked realistic ability to use the animals (no milking facilities, lease dispute and barred access, no alternative property, herd uneconomic), the evidence quantifying future profits was unreliable, and the proper measure of loss was the capital value already credited.