Clyma v Kaminski

[2024] NZHC 2311

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2019-463-000035

[2024] NZHC 2287

UNDER

the Companies Act 1993and the Fair Trading Act 1986

IN THE MATTER

of prejudiced shareholders and misleading and deceptive conduct

BETWEEN

THOMAS JAMES CLYMA, QIAN WANG, JU LI, CHRISTINA KALESITA CLYMA, JIA ZHAO, XIANMEI MENG, MARCO DUMAS and STEPHEN MICHAEL

REILLY as shareholders of KIWI RIDER LIMITED
Plaintiffs

AND

THOMAS KAMINSKI

Defendant

Hearing:	On the papers
Appearances:	E St John and S Maloney for the Plaintiffs T Kaminski in Person
Judgment:	15 August 2024

JUDGMENT OF WALKER J [COSTS]

This judgment was delivered by me on 15 August 2024 at 9 am Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

CLYMA & Ors v KAMINSKI [2024] NZHC 2287 [15 August 2024]

[1]        In judgments dated 14 June 20241 and 30 October 20232 I determined that a subset of the plaintiffs were successful and entitled to costs on a 2B basis.

[2]        Those plaintiffs have now provided a detailed schedule quantifying those costs and disbursements. I do not see any reason on its face, why the costs claimed should not now be awarded.

[3]        The defendant, Mr Kaminski, has not responded to the memorandum filed on behalf of the plaintiffs, nor communicated with the Court despite repeated attempts by the Registry to reach him.

[4]Accordingly, I order costs against Mr Kaminski in the claimed amount of

$81,538.55.

............................................................

Walker J

1      Clyma & Ors v Kaminski [2024] NZHC 1576 at [27].

2      Clyma & Ors v Kaminski [2023] NZHC 3026 at [153].