30 Apr 2021
WHITE v JAMES HARDIE NEW ZEALAND LIMITED [2021] NZHC 930
- Citation
- [2021] NZHC 930
- Court
- High Court
James Hardie was the successful party on the substantive discovery hearing and is entitled to costs on a 3B scale for the 18 December 2019 and 6-7 August 2020 hearings (with a 25% reduction applied to costs attributable to preparation of two defendant affidavits), costs for the 18 March 2020 hearing lie where they fall, and disbursements are to be fixed by the registrar; no general uplift for independent counsel costs or further increases was warranted because the discovery failures and delays were attributable to both sides and the parties had agreed cost-sharing for independent counsel.