Lee v Van Hung Limited

[2022] NZHC 3195

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-000933

[2022] NZHC 3195

BETWEEN

JONG SOOK LEE

Applicant

AND

VAN HUNG LIMITED

Respondent

Hearing:	(On the papers)
Counsel:	Lawrence Ponniah for the Applicant Geraldine Whiteford for the Respondent
Judgment:	30 November 2022

JUDGMENT OF MOORE J

[Costs]

This judgment was delivered by me on 1 December 2022 at 3:30 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar Date:

LEE v VAN HUNG LIMITED [2022] NZHC 3195 [30 November 2022]

Background

[1]    Jong Sook Lee owns a commercial property in the Auckland CBD in his capacity as trustee of the Olivia 2017 Trust (“the Trust”). The Trust leased the property to Van Hung Ltd (“Van Hung”).

[2]    Van Hung failed to pay rent and operating expenses. Mr Lee sought orders for cancellation of the lease, vacant possession, recovery of those expenses, interest and costs.

[3]    The matter was set down for a fixture on 14 September 2022. At the hearing the parties indicated that they were prepared to settle the dispute. Given some further time, the parties sensibly agreed that the orders could be made by consent. I made the orders sought, save for an order as to costs.1

Costs

[4]    The parties have since filed a joint memorandum as to costs. Counsel requests that I make an order that Van Hung pay to the Trust indemnity costs and disbursements totalling $23,672.80, together with interest at the rate of 12 per cent per annum from 20 October 2022. The memorandum displays a breakdown of the various costs and disbursements incurred in table format.

[5]    In those circumstances, I am satisfied that the costs payable are the actual costs, disbursements, and witness expenses reasonably incurred by the Trust.2 It is appropriate to make the order sought.

1      Lee v Van Hung Ltd HC Auckland CIV-2022-404-933, 14 September 2022; and Lee v Van Hung Ltd HC Auckland CIV-2022-404-933, 3 October 2022.

2      High Court Rules 2016, r 14.6(1)(b).

Result

[6]I order that Van Hung pay to the Trust costs and disbursements totalling

$23,672.80, together  with  interest  at  the  rate  of  12 per  cent  per  annum  from  20 October 2022.

Moore J

Barristers/Solicitors:

Mr Ponniah, Auckland Ms Whiteford, Auckland