2 Feb 2009
LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2007-404-1352
- Citation
- openlaw-b7b671c8_3aa6_4601_bdec_150d00d7e5c1.pdf
- Court
- High Court
The court reserved costs on the summary judgment application. Applying NZI Bank v Philpott and the High Court Rules, the proper course where summary judgment fails is ordinarily to reserve costs unless the application was erroneously brought or made in the knowledge of a bona fide defence; third‑party summary judgment applications are treated the same for costs purposes.