7 Feb 2008
NZ MUSHROOMS LTD V WAIKATO REGIONAL COUNCIL AND ORS HC HAM CIV 2007-419-1191
- Citation
- openlaw-a6fffdc3_8280_4a75_85c3_49fc6eac1f3f.pdf
- Court
- High Court
Indemnity/actual costs were not justified on the facts; where an appellant discontinues an appeal shortly after filing and respondents have taken largely formal and limited steps, costs should reflect those steps and not exceed actual reasonable costs. Scale costs are inappropriate where a party seeks scale but does not disclose actual costs. Applying these principles the Court awarded reduced fixed sums to the respondents rather than indemnity or full scale costs.