New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Scale and uplift
  • 8 Feb 2018

    HE v THE EARTHQUAKE COMMISSION [2018] NZHC 67

    Citation
    [2018] NZHC 67
    Court
    High Court

    Band C allocated for defendants' preparation and trial steps but additional days denied; a 50% uplift on scale costs awarded because plaintiff's conduct (late evolving case, changing experts, failure to admit facts and engage in conferencing) unreasonably increased time and expense; defendants entitled to recover full, reasonable expert witness fees and counsel travel disbursements; certain memoranda were recoverable while the earlier wasted costs award remains payable only once proceeding is finally disposed of (appeal rights exhausted or proceeding otherwise finally disposed); specific cost…