12 Aug 2022
MERCHANT FINANCE LTD v XU [2022] NZHC 1991
- Citation
- [2022] NZHC 1991
- Court
- High Court
The defendants, as overall successful parties, were entitled to a costs award from Merchant Finance but that award was capped at the amount they would have received on a scaled basis absent legal aid; Merchant Finance must also pay one-third of the successful third party's costs because the defendants' counterclaims and the third party joinder were substantially overlapping and the joinder was justified and inevitable, but the defendants must contribute to the balance of the third party costs because their pleading and pursuit of claims unnecessarily increased those costs; exceptional circums…
- Cccfa disclosure and s99 relief
- Responsible lender obligations
- Fair trading act allegations
- Financial advisers act duties
- Mortgagee sale shortfall recovery
- Third party joinder and apportionment of costs