23 Nov 2022
MILLS v DALZELL [2022] NZHC 3067
- Citation
- [2022] NZHC 3067
- Court
- High Court
The plaintiffs' claim was struck out as hopeless: the settlement deed barred the claims against certain defendants, the fraud allegations could not be established on the facts, and the claim was time-barred; given the plaintiffs' awareness of the case and the absence of independent advice the Court found the r14.6 threshold for increased or indemnity costs met but exercised discretion to award increased scale costs rather than full indemnity, awarding scale 2B costs uplifted by 33% to each represented defendant group to reflect the conduct and circumstances.