Li v Li HC Auckland CIV-2011-404-7393

[2011] NZHC 1741

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-7393

BETWEEN  SONG GUANG LI First Plaintiff

ANDYAN QIANG LI Second Plaintiff

ANDTING CHUNG LI First Defendant

ANDGOLDEN FORREST TRUSTEE LIMITED

Second Defendant

Hearing:         29 and 30 November 2011

Counsel:         K M Quinn for plaintiffs

E Grove for defendants

Judgment:      30 November 2011

(ORAL) JUDGMENT OF LANG J

LI V  LI & ANOR HC AK CIV-2011-404-7393 30 November 2011

[1]      The existing freezing order is varied as follows:

a)       The second defendant is permitted to pay living expenses to the first defendant in the sum of $4,500 per calendar month payable monthly in advance on the first day of each month, commencing with a first payment on 1 December 2011.

b)The  second  defendant  is  permitted  to  make  a  single  lump  sum payment of $1,450 to the first defendant on 1 December 2011 to meet the costs of debt servicing.

c)        The second defendant is permitted to make a lump sum payment of

$7,000 to the first defendant on 1 December 2011 to enable them to meet the costs of an accommodation bond (estimated to be $3,000), and the acquisition of furniture and chattels sufficient to establish a household in China (estimated at $4,000).

[2]      The  second  defendant  is  permitted  to  pay the  reasonable  legal  expenses associated with the present  application.   In the event that counsel cannot reach agreement regarding that issue, it will be determined by the Court.  In addition, the second defendant will be permitted to fund the cost of defending this proceeding with payments to be made monthly in arrears upon receipt of invoices from counsel for the first defendants.  Those costs are to be calculated on a Category 2B basis in respect of steps taken during the preceding month, together with an uplift of 30 per cent in respect of each step.

[3]      The second defendant is also permitted to pay all usual disbursements, but any unusual disbursements (such as the cost of engaging expert witnesses) may only be incurred with the prior approval of counsel for the plaintiffs or the Court.

[4]      The Court’s reasons for making these orders will be released as soon as time

permits.

Lang J

Solicitors:

Prestige Lawyers, Auckland Graham Skeates Law, Auckland Counsel:

K M Quinn, Auckland

E Grove, Auckland