28 Jul 2008
KING FEI SZE V FLETCHER RESIDENTIAL LIMITED TRADING AS FYFE HOMES AND ANOR HC AK CIV 2006-404-006731
- Citation
- openlaw-68b84f9f_1ce7_43d7_aba3_56ce95011851.pdf
- Court
- High Court
The Court exercised its discretion under the High Court Rules, finding the defendant's written without prejudice except as to costs offers met Rule 48G requirements and, by the time of the fourth offer, the plaintiff's prospects were low; indemnity costs were not awarded but a 50% uplift on the 2B scale was appropriate. The judge allowed 2B costs of $12,000 (with certain items disallowed) and increased that sum by 50% pursuant to r 48C(3)(b)(ii) and (iii) to arrive at a total award of $18,000 to the second defendant.