Published 30 April 2018
Costs — indemnity costs — costs incurred in both District Court and High Court. The plaintiff's defamation claim was struck out by the court in [2017] NZDC 15914. Costs had been incurred in the High Court as well as the District Court. The court found that it was implicit in the order transferring the proceedings to the High Court that the costs of the proceedings may be fixed in the District Court. Indemnity costs were not awarded as the court found that the plaintiff had not acted vexatiously, frivolously, improperly or unnecessarily; but had instead brought a claim that disclosed a valid cause of action that had insufficient justification for the claim to incur the costs of a trial. The applicant had also sought increased costs which was granted as the court found that the plaintiff had failed to accept an offer of discontinuance without any issue as to costs which the court found did contribute unnecessarily to the costs of the applicant. A costs order was made in favour of the applicant. Judgment Date: 1 September 2017.
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