11 Dec 2007
AUCKLAND WATERPROOFING V TPS CONSULTING HC AK CIV-2007-404-005890
- Citation
- openlaw-f37073e1_552a_48ba_b677_5fa883c3d44e.pdf
- Court
- High Court
Section 23(2)(a)(ii) of the Construction Contracts Act 2002 permits recovery of actual and reasonable costs incurred in court proceedings to recover indisputable s23 debts; courts must assess the reasonableness of the quantum of fees charged for the work rather than disallow recovery simply because the chosen court process or its cost is disproportionate to the debt amount; the District Court erred by applying proportionality principles from ordinary procedural cost rules and taking into account an irrelevant consideration.