20 May 2013
JOHNSON V AUCKLAND COUNCIL HC AK CIV-2010-404-837
- Citation
- openlaw-5098d5fc_c857_4704_a970_1a640f950665.pdf
- Court
- High Court
Although plaintiffs obtained judgment on liability, the Council succeeded on substantive issues at trial (contributory negligence and appropriate measure of damages) and the plaintiffs' conduct and late settlement dynamics (notably a $1.5m offer) justified refusing costs to the plaintiffs under r14.7; the successful third party (Johnston) was entitled to costs and, despite factors potentially shifting liability to plaintiffs, overall justice required the Council to pay Johnston's costs which the Court quantified and awarded.