JNJ Holdings Limited v Kent Sing Trading Company Limited

[2020] NZHC 1384

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-000099

[2020] NZHC 1384

BETWEEN

JNJ HOLDINGS LIMITED

Plaintiff

AND

KENT SING TRADING COMPANY LIMITED

First Defendant

AND

QUOC THAI

Second Defendant

AND

LE QUAN WU

Third Defendant

Hearing:

(On the papers)

Counsel:

P Dalkie for the Plaintiff

M Black for the Defendants

Judgment:

19 June 2020

[COSTS] JUDGMENT OF MOORE J

This judgment was delivered by me on 19 June 2020 at 11:00 am pursuant to Rule 11.5 of the High Court Rules.

Registrar / Deputy Registrar Date:

JNJ HOLDINGS LIMITED v KENT SING TRADING COMPANY LIMITED & ORS [2020] NZHC 1384 [19

June 2020]

[1]                 On 21 December 2017, I gave judgment in the sum of $215,048.42 plus interest for JNJ Holdings Limited (“JNJ”) against three defendants in a lease dispute.1

[2]                 JNJ as the successful party claimed indemnity costs pursuant to the lease against Kent Sing Trading Company Limited (“Kent Sing”), against Mr Thai and  Ms Wu as guarantors.2 Costs on a 2B basis and disbursements totalling $71,637.00 were also claimed against General Goods in respect of the counterclaim. I accepted JNJ’s contractual entitlement to indemnity costs and to costs on the counterclaim. In light of what I viewed as deficiencies in the costs claims, I awarded JNJ $61,146.18 in respect of its claim and $21,491.10 in respect of the counterclaim.

[3]                 The costs judgment was appealed. On 27 August 2019, a decision of the Court of Appeal was made in favour of JNJ.3 The Court of Appeal held that my costs order should be amended.4 It determined that:

(a)JNJ’s entitlement under the lease to indemnity costs are $105,868.50 plus full disbursements, in total $132,770.38.

(b)In respect of the counterclaim, General Goods and Kent Sing are jointly and severally liable to pay JNJ costs calculated on a scale 2B basis plus disbursements, subject to amendments set out in [139] of the appeal judgment.

[4]                 I have received submissions from JNJ setting out a schedule for costs per the above strictures.

1      JNJ Holdings Ltd v Kent Sing Trading Co Ltd [2017] NZHC 3274.

2      JNJ Holdings Ltd v Kent Sing Trading Co Ltd [2018] NZHC 2022.

3      Kent Sing Trading Company Ltd v JNJ Holdings Ltd [2019] NZCA 388.

4      At [131]-[139].

Result

[5]                 JNJ is entitled to the following costs in respect of proceeding CIV-2015-404- 000099 heard on 13 to 17 February, 10 April, 3 to 7 July and 21 December 2017:

(a)costs and disbursements of $132,770.38 claimable against Kent Sing Trading Company Limited, Quoc Thai, and Le Quan Wu; and

(b)costs and disbursements of $67,444.70 claimable against General Goods and Kent Sing Trading Company Limited in respect of their counterclaim.

Moore J

Solicitors:

Mr Dalkie, Auckland Mr Black, Auckland