Qiang v Hamilton-Hibbard

[2023] NZHC 1687

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-292

[2023] NZHC 1687

BETWEEN

LI QIANG

Appellant

AND

SARAH HAMILTON-HIBBARD

First Respondent

AND

MALCOLM HEINRICH

Second Respondent

Hearing:

On the papers

Counsel/ Representation:

Appellant in person

A C Challis for First Respondent D J Collins for Second Respondent

Judgment:

3 July 2023

JUDGMENT OF JOHNSTONE J

[Re: Costs]

This judgment was delivered by me on 3 July 2023 at 3pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

McElroys, Auckland MC, Auckland

QIANG v HAMILTON-HIBBARD [2023] NZHC 1687 [3 July 2023]

[1]                 On 15 June 2023 I delivered my substantive judgment in this proceeding.1 As to costs, I wrote:

[31]      I intend to award costs in favour of the respondents. My inclination is to award the amount of $1,190.00 (plus all interest accrued thereon) which Mr Li paid into Court as security for the costs of this appeal.

[32]      If any party has a contrary view, they are to file a memorandum setting out their view within seven days of release of this judgment.

[2]                 Counsel for the first and second respondents filed a joint memorandum dated 20 June 2023 in which they advise that, although there are clear grounds to do so, they do not intend to seek an award of costs higher than that indicated above. They seek that the order include confirmation the amount so ordered is to be shared equally between them.

[3]Mr Li has not filed a memorandum in response to my judgment.

[4]                 In all the circumstances, I make a costs order in favour of the respondents in the sum of $1,190.00 (plus all interest accrued thereon) which Mr Li paid into Court as security for the costs of this appeal. The costs awarded shall be shared equally between the respondents.

Johnstone J

1      Li v Hamilton-Hibbard & Anor [2023] NZHC 1496.