Chen v Yang

[2010] NZCA 555

IN THE COURT OF APPEAL OF NEW ZEALAND

CA343/2010
[2010] NZCA 555

BETWEENPAUL YU PO CHEN

First Appellant

ANDHEARD PARK LIMITED

Second Appellant

ANDLIMIN YANG AND YANG (JASMINE) LIU

First Respondents

ANDDACHA INTERNATIONAL LIMITED

Second Respondent

ANDROTORUA INTERNATIONAL VILLAS LIMITED

Third Respondent

ANDTOP INTERNATIONAL LIMITED

Fourth Respondent

Court:O'Regan  P, Chambers and Arnold JJ

Counsel:R J Katz QC for Appellants

P J McPherson and G J Luen for First Respondents

Judgment:25 November 2010 at 11.30 am

JUDGMENT OF THE COURT

The appellant must pay the first respondent costs for a standard appeal on a band A basis plus usual disbursements.

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REASONS OF THE COURT

(Given by O’Regan P)

[1]        Costs in this matter were reserved.[1]

[1]      Chen v Yang [2010] NZCA 278 at [12].

[2]        Since the matter was heard, William Young P has become a Supreme Court Judge.  O’Regan P has nominated Arnold J to replace him for the purpose of dealing with the first respondent’s application for costs.

[3]        The parties are agreed that costs are payable by the appellant in the normal manner and we now make an order that reflects their agreement.

Solicitors:

Queen City Law, Auckland for Appellants

Hesketh Henry, Auckland for First Respondents