10 Jun 2013
Costs of $4,500 awarded to respondent calculated as one and a half days at $1,990 uplifted by 50% because the appeal was brought for an improper purpose (to delay the respondent's damages claim) and was abandoned immediately before submissions, acknowledging lack of merit; order to pay from security for costs held.
19 Dec 2005
The Court of Appeal held that the High Court erred in limiting damages for the second eviction on mitigation grounds and that a tenant unlawfully evicted is entitled to compensatory damages for natural consequences of the eviction; mitigation is fact specific and does not require a blanket reduction for failure to seek injunctions. The Court corrected arithmetic for the first eviction and re‑assessed the second eviction damages on the evidence, awarding $125,000 for the second eviction and a total award of $141,572 with specified interest, and dismissed the cross‑appeal on costs scale as the…