TONGOIO DEVELOPMENTS LTD V HASTINGS DISTRICT COUNCIL (COSTS) (HC)

Following success in the High Court the claim against Hastings District Council (the Council) was struck out and summary judgment entered for it.

The court was next asked to determine costs.

The court determined that the Council be awarded indemnity costs for all steps up to a particular point in the claim (at that time, the statement of claim pleaded an entirely time-barred cause of action). There was no curing the defective time-barred claim. The court held that the claim at that point was bound to fail.