Chen v Chen

[2015] NZHC 9

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-3186 [2015] NZHC 9

BETWEEN

YEN WEI CHEN and KUEI HUAN

CHEN Appellants

AND

SHAN HUA CHEN and WENG YUAN TSAO

Respondents

Hearing:	By memoranda
Appearances:	G Collecutt for Appellants R Hesketh for Respondents
Judgment:	13 January 2015

JUDGMENT OF LANG J [on costs]

This judgment was delivered by me on 13 January 2015 at 2 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

YEN WEI CHEN and KUEI HUAN CHEN v SHAN HUA CHEN and WENG YUAN TSAO [2015] NZHC 9 [13 January 2015]

[1]      On 10 November 2014, I delivered a judgment in which I allowed this appeal and directed that the proceeding be remitted to the District Court for rehearing.1    I indicated that, given the fact that the appellants were the successful parties on the appeal, they would ordinarily be entitled to an award of costs on a Category 2B basis together with disbursements as fixed by the Registrar.

[2]      The parties have not been able to reach agreement regarding costs, largely it seems because the respondents now act for themselves and have not responded to correspondence from counsel for the appellants.  For that reason I am now required to fix costs.

[3]      I direct  that  the  appellants  are  entitled  to  costs  on  a Category 2B basis together with disbursements as fixed by the Registrar.  I approve the costs claimed

by their counsel as set out in his memorandum dated 19 December 2014.

Lang J

Solicitors:

Prestige Lawyers Ltd, Auckland

Counsel

S Singh

R Hesketh

1      Chen v Chen [2014] NZHC 2788.