Suo v Yang

[2021] NZHC 1435

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2020-404-000613

[2021] NZHC 1435

BETWEEN

FEI (SOPHIE) SUO

Plaintiff

AND

QIAO YANG

Defendant

Hearing:	On the papers
Counsel:	C J Pendleton for the Plaintiff No appearance for the Defendant
Judgment:	17 June 2021

JUDGMENT OF VAN BOHEMEN J

[Costs]

This judgment was delivered by me on 17 June 2021 at 12.30pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:

Turner Hopkins, Auckland Copy to:

Defendant (Self-Represented)

SUO v YANG [2021] NZHC 1435 [17 June 2021]

Introduction

[1]    In my decision dated 29 April 2021, I delivered judgment in these proceedings in favour of Fei (Sophie) Suo, who was seeking repayment of a loan of $500,000 plus contractual interest from Qiao Yang.1 Accordingly, I ordered Mr Yang to pay Ms Suo:

$500,000 plus interest a two per cent per annum from the date of demand to the date of judgment; interest pursuant to s 24 of the Interest on Money Claims Act 2016 from the date of judgment to the date of repayment; and costs.

[2]    I directed that Ms Suo was entitled to costs on a category 2B basis. If costs were unable to be agreed, I directed that any memorandum from Ms Suo should be filed and served by 20 May 2021, and any memorandum in reply from Mr Yang be filed and served by 3 June 2021.

Memorandum

[3]    By memorandum dated 31 May 2021, counsel for Ms Suo advise that they seek an award of $21,237.00, comprising:

(a)$19,837.00 in costs on a 2B basis; and

(b)$1,400.00 in disbursements. Namely, a $1,350.00 filing fee for the statement of claim and a $50.00 administrative fee for sealing of the judgment.

[4]    Counsel advise that they have written to Mr Yang regarding costs and have received no response. They also apologise for the lateness in the filing of this memorandum.

[5]    I have received no memorandum regarding costs from Mr Yang. Accordingly, this decision on Ms Suo’s application for costs is made in the absence of a response from Mr Yang.

1      Suo v Yang [2021] NZHC 940.

Discussion

[6]    Costs remain at the discretion of the Court.2 In line with the first principles of costs, Mr Yang  is liable to pay a reasonable contribution to the costs incurred by   Ms Suo as the successful party.3

[7]    As stated in my judgment, I am satisfied that Ms Suo, being the successful applicant, is entitled to costs on a 2B basis. The disbursements claimed, being court fees, are also clearly recoverable.

[8]    I accept the claim for costs and disbursements as set out in the schedule of costs affixed to Ms Suo’s memorandum of 9 April 2021.

Order

[9]I order that Mr Yang pay Ms Suo costs of $19,870.00 and disbursements of

$1,400.00.

G J van Bohemen J

2      High Court Rules 2016, r 14.1.

3      Rule 14.2.