Deliu v Hong

In the case of Deliu v Hong, the first plaintiff, Francisc Catalin Deliu, and the second plaintiff, Amicus Lawyers Limited, brought proceedings against the defendant, Boon Gunn Hong. The dispute involved applications to review a decision by Associate Judge Bell to strike out the plaintiffs' claims, as well as a cross-application by Mr Hong to strike out the applications to review. The High Court of New Zealand considered these applications and ruled on the costs associated with the proceedings.

The court had to determine several legal issues, including whether the plaintiffs were entitled to costs against Mr Hong for the successful application to review the decision to strike out their claims. The court also had to assess the costs claimed by Mr Deliu and Amicus Lawyers Limited, and determine whether the costs payable by Amicus to Mr Hong would be offset against the costs payable by Mr Hong to Mr Deliu.

Justice Courtney found that Mr Deliu was entitled to costs against Mr Hong on a 2B basis for the successful application to review the decision to strike out his claims. The court calculated the allowable costs for the strike-out application, the application for review, and the opposition to Mr Hong’s application to strike out. The court also allowed a claim for disbursements. Justice Courtney determined that Amicus Lawyers Limited was liable to pay Mr Hong costs on a 2B basis for the application for review, which were to be paid separately from the costs payable between Mr Hong and Mr Deliu. Additionally, the court allowed Mr Hong costs for Mr Deliu’s unsuccessful injunction application, making an adjustment for the duration of the hearing.

The final orders of the court were that Mr Deliu was entitled to $15,025.26 net from Mr Hong, while Mr Hong was entitled to $5,264 from Amicus Lawyers Limited. Justice Courtney directed that a case management conference be allocated to Associate Judge Bell to determine the next steps in the matter.