IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-1055
[2023] NZHC 813
BETWEEN LIANSEN MAO
Plaintiff
AND
HESKETH HENRY
First Defendant
AND
HYUN BIN KIM
Second Defendant
AND
DUK YOUNG LEE
Third Defendant
Cont:/
Hearing: On the papers Counsel/ Representation:
No participation in the proceedings by Plaintiff Liansen Mao Plaintiff Jiawen Mao self-represented
F B Barton for Hesketh Henry
R D Butler and A M Cameron for Hyun Bin Kim and Duk Young Lee
K Perry and E Focus-Turk for Ara Kim/Cooper & Co Real Estate Limited
Judgment:
18 April 2023
JUDGMENT OF PAUL DAVISON J
[Re: Costs]
This judgment was delivered by me on 18 April 2023 at 4pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Hesketh Henry, Auckland
MacKenzie Elvin Law, Tauranga Heaney & Partners, Auckland
LIANSEN MAO v HESKETH HENRY [2023] NZHC 813 [18 April 2023]
AND CIV-2021-404-1475 BETWEEN
JIAWEN MAO
PlaintiffAND
HESKETH HENRY
First Defendant
AND
ARA KIM/COOPER & CO REAL ESTATE LIMITED
Second Defendant
AND
HYUN BIN KIM
Third Defendant
AND DUK YOUNG LEE
Fourth Defendant
Introduction
[1] On 22 August 2022, I issued a judgment striking out all the causes of action brought by the plaintiffs in two related proceedings against four defendants.1
[2] Two defendants to both proceedings Mr Hyun Bin Kim (Kim) and Mr Duk Young Lee (Lee) seek $19,598 in costs and $500 in disbursements.
[3] The first defendant to both proceedings Hesketh Henry seeks indemnity costs and disbursements of $46,066.42.
[4] The second defendant to the second proceeding Ara Kim/Cooper & Co Real Estate Ltd (Kim/Cooper & Co) seeks indemnity costs and disbursements of
$46,385.50.
[5] The plaintiffs say costs should be stayed until another proceeding it has filed has been resolved.
Background
[6] The plaintiffs, Mr Liansen Mao (Liansen) and Ms Jiawen Mao (Jiawen) each brought proceedings against the defendants. Liansen is the father of Jiawen. Their claim has previously been before the Court. The following history explains the background to my decision.
[7] The origin of the dispute is a loan between Jiawen’s company, Yintian Co Ltd (Yintian Ltd) as borrower and Kim and Lee as lenders. The law firm Hesketh Henry was engaged by Kim and Lee to draft the loan agreement. A loan of one million dollars was advanced to Yintian Ltd. The loan was secured by a mortgage over a property at 31 Chester Avenue, Auckland. The loan was personally guaranteed by Jiawen as director of Yintian Ltd.
[8] Yintian Ltd defaulted on loan repayments and the Chester Avenue property was sold by mortgagee sale on 2 February 2018. Kim/Cooper & Co was engaged by
Hesketh Henry to list and sell the property. The mortgagee sale was conducted on the basis that both vendor and purchaser were registered for the purposes of GST, however Yintian Ltd was not in fact GST-registered.
[9] On 3 October 2018, Kim and Lee obtained…
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