New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Uplift for unreasonable conduct

Legal area

Court

20 May 2019

LEXUS TRUSTEES LTD and RIDGE as trustees of the 24 TRUST v WARREN IAN FENNING [2019] NZHC 1109

Citation

[2019] NZHC 1109
Court

High Court

The merits of the discontinued counterclaim were not sufficiently obvious to influence costs; accordingly no uplift under r 14.6(3)(b) was awarded and standard Category 2B costs of $33,673 plus disbursements of $1,350 were ordered under r 15.23.
26 Jun 2014

FORIVERMOR LIMITED v ANZ NATIONAL BANK LIMITED [2014] NZHC 1453

Citation

[2014] NZHC 1453
Court

High Court

There was no basis to decline to award costs; the plaintiff unreasonably rejected a Calderbank offer and pursued a claim that failed, so costs were awarded to ANZ on a 2B basis with second counsel, a 50% uplift and disbursements.