30 Aug 2022
SMALL (2005) LIMITED v MAHON [2022] NZHC 2182
- Citation
- [2022] NZHC 2182
- Court
- High Court
Because the plaintiff sought and obtained vacation of the fixture the plaintiff must bear the costs of the adjournment; both parties shared responsibility for the earlier mention so those costs lie where they fall; given timing and inevitability of some duplication the judge awarded 50% of preparation for hearing costs and 33% of costs for preparation of briefs, authorities and the common bundle; an uplift under r14.6 was not justified; costs on the costs memoranda were disallowed except for sealing/enforcement disbursements.