Published 01 August 2016
Costs — civil litigation — restrictive covenants void as contrary to public interest — District Courts Rules 2014, Schedule 1 and 2 — Bradbury v Westpac Banking Corporation [2009] NZCA 234. Decision related to costs for two separate hearings. The defendant, having succeeded in both decisions, was awarded 2B costs in respect of the first hearing and $30,690 (calculated according to Schedule 1) for the second hearing. Litigation did not fall within the category described in Bradbury where losing party’s behaviour had to be “flagrant”.
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