[2020] NZCAA 01 (7 July 2020) [pdf, 307 KB]
...and Calderbank principles cannot apply. The difficulty with that argument is that the principles are reasonable principles used to set costs in New Zealand Courts. The Courts have statutory provisions governing costs in New Zealand. However, universally as far as I am aware, there is an overarching discretion,5 where principles such as considering Calderbank offers, and the policy of using scale rather than indemnity costs are weighed against the circumstances of the case before t...