New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Venue and jurisdictional choice
  • 17 Dec 2008

    PURE NEW ZEALAND FOODS LIMITED V CARTER HOLT HARVEY LIMITED HC WN CIV 2004-485-2747

    Citation
    openlaw-cd78539e_2c11_4739_b7ee_284a9d6498db.pdf
    Court
    High Court

    The Court refused the defendant's application for increased costs under r 48C because the defendant did not establish sufficient unreasonableness in the plaintiff's conduct or refusal of offers; instead the Court awarded costs to the defendant on a 2B basis in the sum of $33,625 and allowed particular disbursements (full expert fees, travel, agency, telephone and courier charges) while disallowing ordinary photocopying and research charges as subsumed in the 2B allowance.

    • Breach of contract
    • Quantification of damages
    • Calderbank offers
    • Scale costs 2b
    • Increased costs under r 48c
    • Venue and jurisdictional choice