23 Dec 2009
TRANSACTOR TECHNOLOGIES LTD & ANOR V MARKETSMART INTERNATIONAL (NZ) LTD & ORS HC AK CIV-2008-404-008469
- Citation
- openlaw-33ad30ba_ac18_4bcb_b38e_d2803ee0f80f.pdf
- Court
- High Court
MarketSmart NZ engaged in flagrant misconduct (possession and use of Thor, destruction of material, false undertaking and obstructive non-compliance with orders) justifying indemnity costs against it; QBE joined; proceedings against MarketSmart NZ allowed to continue; Mr Harper bore primary responsibility for conduct and must pay non-party costs on a 2B scale (but indemnity costs against him denied); MarketSmart Pty not ordered to pay costs.