Qiu v Wang

[2024] NZHC 985

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-001385

[2024] NZHC 985

BETWEEN

TINGSONG QIU

Applicant

AND

ROBERT JUNGAN WANG

Respondent

Hearing:

On the papers

Appearances:

T A Hwang for the Applicant

S R J Hamilton for the Respondent

Judgment:

30 April 2024

COSTS JUDGMENT OF ASSOCIATE JUDGE GARDINER

This judgment was delivered by me on 30 April 2024 at 11.00 a.m. pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date.......................................

Solicitors:

Queen City Law, Auckland Simpson Lawyers, Auckland

S R J Hamilton, Auckland

QIU v WANG [2024] NZHC 985 [30 April 2024]

Introduction

[1]                 In a judgment delivered on 24 March 2023, this Court dismissed the applicant’s application for an order that his caveat not lapse under s 143 of the Land Transfer Act 2017.1 The Court indicated a preliminary view that, having succeeded, the respondent was entitled to costs on a 2B basis and reasonable disbursements.

[2]                 On 9 May 2023, the respondent filed a memorandum explaining that it had not been possible to agree costs with the applicant, and asking the Court to award him costs on a 2B basis for filing a notice of opposition and affidavit, preparing written submissions, appearing in Court (two quarter days), preparing the costs memorandum and sealing the judgment.

[3]                 Due to an administrative oversight, for which the Court apologises, this costs memorandum was overlooked. The respondent filed the costs memorandum again on 18 March 2024. The applicant has not filed a memorandum in response.

[4]                 I am satisfied that the costs sought by the respondent are appropriate, except  I consider that an allocation of 0.2 days (rather than 0.4 days) is more suitable for the simple costs memorandum filed.

Result

[5]                 I order that the applicant is to pay the respondent costs of $10,516, and disbursements of $398.30.

Associate Judge Gardiner

1      Qiu v Wang [2023] NZHC 589.