5 Apr 2016
LEE v WHANGAREI DISTRICT COUNCIL [2016] NZHC 560
- Citation
- [2016] NZHC 560
- Court
- High Court
Costs are fixed now rather than deferred; scale costs reduced for incorrect or unnecessary claimed steps and further reduced to reflect costs that would have been payable to the plaintiff on the Council's unsuccessful security for costs application to avoid unfair asymmetry; a 25% uplift is awarded only for the summary judgment application because the plaintiff persisted despite clear notice of the limitation defence but uplift is moderated by the Council's conduct that contributed to the plaintiff's vulnerability; total award set at $46,917.11 (costs $42,579 plus disbursements $4,338.11).