Tempest Litigation Funders Limited v Zhang

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.

CaseChat Overview and Summary

Tempest Litigation Funders Limited (Tempest) brought an action against various defendants, including Kelly Yin, seeking recovery of litigation funding costs. The matter was before the High Court of New Zealand in Auckland, which exercised its jurisdiction over the case. The primary issue before the court was whether Tempest was entitled to recover its litigation funding costs from Kelly Yin. Tempest argued that the costs were recoverable as part of the funding agreement between the parties, while Kelly Yin contended that the costs should not be recoverable as they were not expressly agreed upon in the funding agreement.

The court considered the nature of the funding agreement and the terms under which Tempest had provided the funding. The court found that Tempest was entitled to recover its costs as they were incurred in the course of funding the litigation and were part of the agreed terms between Tempest and the defendants. The court reasoned that Tempest's costs were recoverable under the funding agreement, which had been signed by Kelly Yin. The court further held that Tempest had fulfilled its obligations under the agreement, and thus was entitled to recover its costs from Kelly Yin.

In conclusion, the court awarded costs in the sum of $12,883.17 in favour of Tempest against Kelly Yin, finding that Tempest was entitled to recover its litigation funding costs as part of the agreed terms of the funding agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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