9 Mar 2022
DAIRYWORKS LIMITED v GERALDINE CHEESE COMPANY LIMITED [2022] NZHC 399
- Citation
- [2022] NZHC 399
- Court
- High Court
Service on the first and second defendants at their registered office (despite only an index of initial disclosure being served) was effective for the purposes of the formal proof application; the plaintiff was entitled to apply for formal proof and to an award of wasted costs for the aborted formal proof hearing, but quantum must be moderated to reflect the continuing utility of the materials prepared and exclude work relating solely to the unserved third defendant; accordingly wasted costs of $7,767.50 were awarded to the plaintiff.