New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Without prejudice except as to costs

Legal area

Court

14 Nov 2018

AUTUMN TREE LIMITED v BISHOP WARDEN PROPERTY HOLDINGS LIMITED [2018] NZHC 2957 [14 November 2018]

Citation

[2018] NZHC 2957
Court

High Court

Indemnity costs were declined because the respondent's case was not hopeless, the law and facts were not straightforward, the without prejudice except as to costs letter did not satisfy the grounds in the High Court Rules for indemnity, and there was insufficient basis to award increased costs under r14.6; therefore standard 2B costs were awarded.
9 Aug 2018

LHL LEASING SOLUTIONS LTD v PINTO LTD – COSTS [2018] NZHC 2019

Citation

[2018] NZHC 2019
Court

High Court

The court accepted Pinto was entitled to 2B costs and disbursements and found Leasing Solutions had no reasonable justification for not accepting Pinto's without prejudice except as to costs offer; an uplift of 50% from the date of the offer was appropriate as increased costs but indemnity costs were not justified, resulting in an order that Leasing Solutions pay Pinto increased 2B costs of $61,771.00 plus disbursements of $4,499.94.