Americhip, Inc v Dean

[2015] NZHC 2049

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-004247 [2015] NZHC 2049

BETWEEN

AMERICHIP, INC

Plaintiff

AND

JASON CHARLES DEAN First Defendant

JUAN CHEN Second Defendant

Hearing:	(On the papers)
Counsel:	David Goddard QC and Liesle Theron for the Plaintiff David Jones QC for the Defendants
Judgment:	27 August 2015

JUDGMENT OF MOORE J [Costs]

This judgment was delivered by me on 27 August 2015 at 4:30pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Date:

AMERICHIP, INC v DEAN & ANOR [2015] NZHC 2049 [27 July 2015]

[1]      On 3 July 2015, I issued a judgment granting Americhip, Inc’s application for freezing orders and also ordered that the respondents comply with earlier disclosure orders which had been made.  However, I declined to grant an application to appoint receivers in relation to the respondent’s property.

[2]      Americhip, Inc now seeks costs on this application on a 2B basis.   It also seeks that I certify for second counsel.

[3]      I accept that costs should be awarded on a 2B basis.

[4]      While I accept that Americhip, Inc was largely the successful party in this matter, I consider that the respondents also had a degree of success in relation to the receivership issue.  As a result, the final orders were materially different from those sought  by  Americhip,  Inc  and  in  a  way  that  was  notably  beneficial  to  the respondents.  In recognition of this fact, I therefore order that costs be reduced by one-third, to account.1   No such reduction in disbursements is required.

[5]      I also decline to certify for second counsel.  This matter was not particularly complicated and did not necessitate second counsel.  While counsel for the applicant was no doubt assisted by junior counsel, this is not a case where it is appropriate to grant costs for two counsel.

[6]      I therefore award costs to Americhip, Inc on a 2B basis, reduced by one-third, being a total of $5041.33, together with disbursements of $350.

Moore J

Solicitors:

Mr Goddard QC and Ms Theron, Auckland

Mr Jones QC, Auckland

1      Pursuant to High Court Rules, r 14.7(d).