Loo v Quinlan

[2021] NZCA 613

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA348/2021
 [2021] NZCA 613

BETWEEN

CHOO BOON LOO Appellant

AND

PHILIP ALEXANDER QUINLAN AND MORGAN JOHN KELLY (IN THEIR CAPACITY AS LIQUIDATORS) First Respondents HALIFAX NEW ZEALAND LIMITED (IN LIQUIDATION) Second Respondent PHILIP ALEXANDER QUINLAN AND MORGAN JOHN KELLY (IN THEIR CAPACITY AS TRUSTEES) Third Respondents ELYSIUM BUSINESS SYSTEMS PTY LIMITED Fourth Respondent JASON PAUL HINGSTON Fifth Respondent ATLAS ASSET MANAGEMENT PTY LIMITED (AS TRUSTEE FOR THE ATLAS ASSET MANAGEMENT TRUST) Sixth Respondent FIONA MCMULLIN Seventh Respondent ANDREW PHILLIP WHITEHEAD AND MARLENE WHITEHEAD (AS TRUSTEES FOR THE BEELINE TRUST) Eighth Respondents ANDREW PHILLIP WHITEHEAD Ninth Respondent JEFFREY JOHN WORBOYS Tenth Respondent HONG KONG CAPITAL HOLDINGS PTY LIMITED Eleventh Respondent

Court:	Kós P, Cooper and Goddard JJ
Counsel:	I Jackman SC, E A J Hyde and R J Pietriche for Appellant A Leopold SC, E Holmes and M Kersey for First to Third Respondents S Couper QC and J V Gooley for Fourth Respondent Appearances excused for Fifth to Eleventh Respondents
Judgment: (On the papers)	19 November 2021 at 3 pm

JUDGMENT OF THE COURT AS TO COSTS

The appellant must pay costs to the first to third, and the fourth, respondents for a complex appeal on a band B basis, with allowance for a second counsel, and usual disbursements.

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REASONS OF THE COURT

(Given by Kós P)

1. This appeal was dismissed on 26 October 2021, with costs reserved.[1]  Submissions have been received.  The costs order of the Court is that the first to third, and the fourth, respondents shall each be paid costs for a complex appeal on a band B basis, with allowance for a second counsel, together with usual disbursements. We do not consider this a case in which an award of indemnity costs can be justified.

   [1]Loo v Quinlan [2021] NZCA 561.

Solicitors:
Maddocks Lawyers, Sydney for Appellant
Russell McVeagh, Auckland for First to Third Respondents
Turks Legal, Sydney for Fourth Respondent