Bin v Tan

[2023] NZHC 3142

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-1345

[2023] NZHC 3142

BETWEEN

MENG BIN

Plaintiff

AND

MIAOYANG TAN

First Defendant

SHENGYU ZHAO

Secon Defendant

Hearing:	(On the papers)
Counsel:	A Low, M Robinson and J Yu for the Plaintiff M Lenihan and W Gong for the Defendants
Judgment:	8 November 2023

JUDGMENT OF WOOLFORD J

This judgment was delivered by me on Wednesday, 8 November 2023 at 4:00 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:Turner Hopkins (M J Robinson and J Yu), Auckland William Gong Lawyers, Auckland

Counsel:            A Low, Auckland

M Lenihan, Auckland

BIN v TAN [2023] NZHC 3142 [8 November 2023]

[1]                 The plaintiffs filed a statement of claim dated 3 July 2023 for enforcement of a foreign judgment ordering recovery of a debt and interest. An interlocutory application for summary judgment with supporting affidavits was filed concurrently.

[2]                 The plaintiff’s application was set down for summary judgment as a one-day fixture on 27 November 2023.   The parties then filed a joint memorandum dated    10 October 2023 recording that settlement had been reached and was in the process of being finalised. The parties requested that the proceeding be kept on foot until the agreement was performed and for it to be placed in the first Duty Judge list of 2026 for the purpose of monitoring compliance.

[3]                 By minute dated 13 October 2023, Gault J advised the parties that an adjournment or stay of such length was inappropriate and that following settlement, the proceeding should be discontinued. Gault J advised that should default occur, fresh proceedings could be brought to enforce the settlement or revive the original claim.

[4]                 The parties have conferred and agree that judgment should be entered in this matter by admission of claim on the terms attached to their consent memorandum dated 3 November 2023, pursuant to r 15.16 of the High Court Rules 2016. They say a judgment can be entered by consent and no order is needed as to costs.

[5]The admission of claim is as follows:

ADMISSION OF CLAIM UNDER RULE 15.16 OF THE HIGH COURT RULES

The first and second defendants herein jointly and severally admit that the plaintiff is entitled to judgment in respect of the cause of action pleaded by the plaintiff in statement of claim dated 22 June 2023 under CIV-2023-404-1345 in accordance with rule 15.16 of the High Court Rules:

a)Judgment in the sum of RMB 4,655,032.48 Yuan.

b)Interest at the rate of 0.0175% per day based on the principal amount RMB 20,035,900.00 Yuan from 6 December 2019 (Date of Breach) to 30 September 2020 (Date of Partial Payment).

c)Interest at the rate of 0.0175% per day based on the principal amount RMB 4,655,032.48 Yuan from 1 October 2020 up until the date of judgment, being 3 November 2023.

d)On going interest at the rate of 0.0175% per day from 4 November 2023 down to the date of full payment.

e)Costs as agreed by the parties, no order being required.

The first and second defendants acknowledge the applicant may seek judgment in respect of this admission of claim and that the admission may only be withdrawn with the leave of the court, subject always to rule 15.16(5).

Dated at Auckland this 3rd day of November 2023 [Signed by Miaoyang Tan and Shengyu Zhao]

[6]There will accordingly be judgment in terms of the admission of claim.

[7]                 The applicant will seal the judgment, but undertakes by his solicitor, Turner Hopkins, not to take steps to enforce the judgment unless the respondents are in default of the settlement terms recorded in an Agreement to Mortgage and Authority to Lodge Caveat dated 10 October 2023, time being of the essence.

[8]                 Judgment is entered on the papers in accordance with the admission of claim, having regard to the consent given and the undertaking recorded above.

Woolford J