Published 16 January 2017
Costs — whether indemnity costs should be awarded — District Courts Rules 2014, rr 14.1, 14.2 and 14.6 — Bradbury v Westpac Banking Corp [2009] NZCA 234, [2009] NZLR 400. Costs were awarded on a 2B basis although increased or indemnity costs were sought. Costs are at the discretion of the Court (r 14.1), and the principles to be applied are stated in r 14.2. Rule 14.6 provides a number of grounds for which the Court may grant indemnity costs. Most of the plaintiff's submissions focused on the "hopeless case" situation, however the conduct complained of did not meet that required for indemnity costs, expressed as "flagrant" in "Bradbury". The complexity of some of the issues justified 2B rather than 2A costs. Judgment Date: 21 September 2016.
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