Clyma v Kaminski

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].

CaseChat Overview and Summary

The High Court of New Zealand, in the Rotorua Registry, dealt with an application by eight shareholders of Kiwi Rider Limited against Thomas Kaminski. The shareholders alleged that Kaminski engaged in misleading and deceptive conduct and prejudiced them, in breach of the Companies Act 1993 and the Fair Trading Act 1986. The shareholders sought costs that had been awarded to them previously.

The court had to decide whether the costs claimed by the successful shareholders were appropriate. The court examined the detailed schedule of costs and disbursements provided by the plaintiffs. Additionally, the court noted the lack of response from Kaminski, despite attempts by the Registry to contact him.

In this matter, the court found no reason on its face to reject the costs claimed. The court considered the lack of response from Kaminski to be significant. As a result, the court ordered Kaminski to pay the full amount of the costs claimed, which was $81,538.55. The court did not find it necessary to hear oral submissions from Kaminski given his inaction and lack of response.

The court ordered Thomas Kaminski to pay the sum of $81,538.55 to the plaintiffs within 28 days of the judgment. The court's order was final and binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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