Costs — NZI v Philpott 1990 [2] NZRL 403. Submissions were considered regarding a provisional award of costs made in an earlier judgment. The plaintiff sought an increase on the award beyond the 2B basis. The defendant accepted 2B costs were appropriate but sought costs against the plaintiff for an unsuccessful summary judgment application, because the case was somewhat of a test case, and because of changes to the plaintiff's claim. The Judge considered the Court of Appeal case "NZI" before determining that on a principled basis the award of costs to the plaintiff on a 2B basis with reasonable disbursements should not be departed from. The case was not a "test case", costs should be predictable, and summary judgment was not entered due to uncertainty and not failure of the plaintiff's claim. Judgment Date: 2 November 2016.