Hong v Auckland Standards Committee no.5

[2020] NZHC 1954

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-441

CIV-2020-404-639 [2020] NZHC 1954

UNDER

the Lawyers and Conveyancers Act 2006

IN THE MATTER

of an appeal against a decision of the Lawyers and conveyancers Disciplinary Tribunal

BETWEEN

BOON GUNN HONG

Appellant

AND

AUCKLAND STANDARDS COMMITTEE NO. 5

Respondent

Hearing:

On the papers

Appearances:

Appellant on own behalf

P Collins for the Respondent

Judgment:

6 August 2020

JUDGMENT OF GORDON J

[As to costs]

This judgment was delivered by me on 6 August 2020 at 11 am, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:           B G Hong Law Firm, Auckland

New Zealand Law Society, Auckland

Counsel:            P Collins, Auckland

HONG v AUCKLAND STANDARDS COMMITTEE NO. 5 [2020] NZHC 1954 [6 August 2020]

[1]                 In my judgment of 7 July 2020 I dismissed Mr Hong’s appeals against two decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal finding him guilty of professional misconduct on three charges and striking him off the roll of barristers and solicitors, ordering him to pay costs and awarding compensation to his former client.1

[2]                 The respondent, the Auckland Standards Committee No. 5 (the Standards Committee) now applies for costs. Mr Collins, counsel for the Standards Committee has filed a memorandum attaching a schedule setting out the claim calculated on a 2B basis, in the sum of $14,579.00. A disbursement of $50 for a sealing fee is sought. The total claim is $14,629.00.

[3]                 Mr Hong has responded by email saying that he has checked the costs memorandum and that it seems correct to him. Mr Hong also says in his email that his agreement is without prejudice to his appeal (correctly an application for leave to appeal) and other action to be filed.

[4]                 Despite Mr Hong’s agreement, I consider the claim by the Standards Committee for appearance at the hearing (item 57) needs to be adjusted. Mr Collins’ schedule allows for a half day. The Court records of the hearing show that it took  one hour and 36 minutes. Schedule 3 to the High Court Rules 2016 provides that the time for a hearing is to be measured in quarter days. I therefore deduct a quarter day ($597.50) from the claim. The total sum of costs and disbursements allowed is

$14,031.50.

[5]                 Mr Hong paid security for costs in the sum of $1,195.00. The Court registry advises that sum has now been paid to the Auckland Standards Committee (with Mr Hong’s consent).

[6]                 I make an order for costs and disbursements in favour of the Standards Committee against Mr Hong in the sum of $14,031.50. After deducting the amount of

1      Hong v Auckland Standards Committee No. 5 [2020] NZHC 1599.

$1,195.00 (security for costs paid out), Mr Hong must pay the Standards Committee

$12,836.50.

Gordon J