Tempest Litigation Funders Limited v Zhang

[2021] NZHC 623

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1376

[2021] NZHC 623

BETWEEN

TEMPEST LITIGATION FUNDERS LIMITED
Plaintiff

AND

WEN FEN ZHANG

First Defendant

TENG MA
Second Defendant

TIAN TIAN
Third Defendant

XIANG ZOU
Fourth Defendant

…/cont

Hearing:	On the papers
Counsel:	W van Roosmalen for the Plaintiff
Judgment:	26 March 2021

JUDGMENT OF GORDON J

[As to costs]

This judgment was delivered by me on 26 March 2021 at 3 pm pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:           Adam Stevenson Botterill, Auckland Counsel: W van Roosmalen, Auckland

TEMPEST LITIGATION FUNDERS LTD v YIN [2021] NZHC 623 [26 March 2021]

KELLY YIN

Fifth Defendant

SHUANG QIN
Sixth Defendant

DANIEL OVERTON GOULDING LAWYERS

Seventh Defendant

[1]                 On 25 March 2021I gave judgment1 on a formal proof basis in favour of the plaintiff, Tempest Litigation Funders Ltd (Tempest) against the fifth  defendant, Kelly Yin.

[2]                 I reserved costs and directed that Tempest should file a memorandum in support of any application for costs.

[3]                 Mr van Roosmalen, for Tempest, has now filed a memorandum seeking costs on a 2B basis plus disbursements as follows:

Costs
Commencement of proceeding (3x $2,309)	$7,170.00
Preparation of written submissions on formal proof (1.5 x $2,390)	$3,585.00
Appearance at formal proof hearing (0.25 x $2,390)	$597.50
Total	$11,352.50
Disbursements
Filing fee	$1,350.00
Service fee on fifth defendant	$180.67
Total	$1,530.67
Total costs and disbursements on 2B basis	$12,883.17

[4]                 I am satisfied that each of the steps taken by Tempest was required and that each was taken. The time claimed and the rate for that time have been appropriately set out in Tempest’s memorandum as referred to above. The service fee claimed as a disbursement is appropriately supported by a copy of an invoice.

[5]I award costs in the sum of $12,883.17 in favour of Tempest against Ms Yin.

Gordon J

1      Tempest Litigation Funders Ltd v Yin [2021] NZHC 614.