Casata Limited v General Distributors Limited

[2005] NZSC 43

IN THE SUPREME COURT OF NEW ZEALAND

SC 26/2005
[2005] NZSC 43

BETWEENCASATA LIMITED

Appellant

ANDGENERAL DISTRIBUTORS LIMITED

Respondent

Hearing:5 July 2005

Court:Tipping and McGrath JJ

Counsel:J E Hodder and S J Fairbrother for Appellant

R W Raymond and R A Morgan for Respondent

Judgment:6 July 2005 

JUDGMENT OF THE COURT

[1]       Leave to appeal is granted.

[2]       The ground approved for the purposes of Rule 29 is that the Court of Appeal was wrong in concluding that party/party costs should not lie where they fell following the award.

Solicitors:
Chapman Tripp, Wellington for Appellant
Duncan Cotterill, Christchurch for Respondent