15 Nov 2018
The Minister of Education v James Hardie New Zealand [2018] NZHC 2960
- Citation
- [2018] NZHC 2960
- Court
- High Court
The Court awarded the Ministry scale costs for its successful interlocutory applications: for the separate question and Carter Holt's trial staging application costs on a Category 3B basis except that preparation of legal submissions was awarded on Category 3C. The Ministry's strike-out application succeeded and was awarded scale 3B costs uplifted 20% (to reflect maintenance of a long-stop defence) but indemnity costs were refused because the conduct did not meet the high threshold for indemnity. The recall application did not attract indemnity costs but the Ministry was awarded 3B costs upli…