Li v Wu

[2022] NZHC 1155

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-612

[2022] NZHC 1155

BETWEEN

ZHAOHUA LI

Plaintiff

AND

YI HENG (HENRY) WU

First Defendant

AND

ZHONGXIU FAN

Second Defendant

CIV-2018-409-238

BETWEEN

ZHONGXIU FAN
Plaintiff

AND

YI HENG (HENRY) WU

First Defendant

AND

ZHAOHUA LI

Second Defendant

Submissions (in writing):	18 May 2022 and 23 May 2022
Appearances:	A M Corry for Z H Li (Plaintiff/Second Defendant/Respondent) Z X Fan (Second Defendant/Plaintiff/Applicant) in person
Judgment:	24 May 2022

JUDGMENT OF OSBORNE J

(Fixing costs)

This judgment was delivered by me on 24 May 2022 at 2.30 pm pursuant to Rule 11.5

of the High Court Rules

Registrar/Deputy Registrar Date:

LI v WU [2022] NZHC 1155 [24 May 2022]

[1]                 The Court previously dismissed Ms Fan’s application for a stay of enforcement.1 In doing so, I ordered Ms Fan to pay to Ms Li the costs and disbursements of the application on an indemnity basis.2

[2]                 Memoranda have now been filed. Ms Corry for Ms Li has provided full details of her time attendances and costs and disbursements. The costs and disbursements total the modest sum of $1,430. That is clearly an appropriate sum to fix by way of indemnity costs and disbursements.

[3]                 Ms Fan, in her memorandum, has not challenged the reasonableness of Ms Li’s costs and disbursements. Instead she has reverted to an old, rejected3 contention that she has a subsisting claim in the -238 proceeding that has yet to be determined.

[4]                 In relation to the costs and disbursements awarded to Ms Li in the judgment dated 1 March 2022, I fix:

(a)costs in the sum of $1,380; and

(b)disbursements in the sum of $50.

Osborne J

Barrister:
A M Corry Barrister, Christchurch

Copy to:

Ms Fan

1      Li v Fan [2022] NZHC 333.

2      At [41(b)].

3 At [25].