19 May 2017
BUTCHER v BODY CORPORATE 324525 [2017] NZHC 1061
- Citation
- [2017] NZHC 1061
- Court
- High Court
The defendant was entitled to indemnity costs because the plaintiffs' conduct in commencing and continuing multiple, largely untenable and overlapping causes of action (including an abusive Henderson v Henderson style third cause) needlessly and substantially increased the defendant's costs; however the Black v ASB principle was limited to pre-emptive strikes specifically directed at collection of an identified levy and could not be applied across all challenged resolutions or causes of action; solicitor/client fees of $121,875 were reasonable for the four-day trial with expert evidence but c…