Lee v Alhardan

[2023] NZCA 263

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA138/2023
 [2023] NZCA 263

BETWEEN	JINGMIN LEE Appellant
AND	MAHMOUD ALHARDAN Respondent

Court:	Miller, Goddard and Katz JJ
Counsel:	D W Grove for Appellant C T Patterson for Respondent
Judgment: (On the papers)	29 June 2023 at 10.30 am

JUDGMENT OF THE COURT

The respondent must pay costs to the appellant for a standard appeal on a band A basis, with usual disbursements.

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REASONS OF THE COURT

(Given by Goddard J)

Costs application

1. On 29 May 2023 this Court delivered a judgment allowing an appeal by Mr Lee from an order made by the High Court adjudicating him bankrupt.[1]  Costs were reserved. 

   [1]Lee v Alhardan [2023] NZCA 195.

2. Mr Lee applied for costs for a standard appeal on a band A basis, together with disbursements.  The amount claimed is $4,735.00.

Joint memorandum consenting to costs order

1. On 22 June 2023 a joint memorandum of counsel was filed advising that Mr Alhardan does not oppose the application for costs.  The parties sought an order by consent for costs as sought by the appellant, without the need for further steps. 

2. The order sought by the appellant, and consented to by the respondent, is appropriate.  We order accordingly. 

Result

1. The respondent must pay costs to the appellant for a standard appeal on a band A basis, with usual disbursements.

Solicitors:
Julia Xu Lawyers, Auckland for Appellant
Octagon Law, Auckland for Respondent