Wang v Guangzhou Dongjiang Petroleum Science & Technology Development Company Limited

[2023] NZHC 1598

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-921

[2023] NZHC 1598

UNDER

Part 17 of the High Court Rules 2016

BETWEEN

JIANPING WANG

First Applicant

ONE PURE INTERNATIONAL GROUP LIMITED
Second Applicant

AND

GUANGZHOU DONGJIANG PETROLEUM SCIENCE &

TECHNOLOGY DEVELOPMENT COMPANY LIMITED
First Respondent

YONGNAN KANG

Second Respondent

Hearing:	On the papers
Counsel:	G D Simms and S J Macintosh for Applicants J Strauss for Respondents
Date:	26 June 2023

COSTS JUDGMENT OF PETERS J

[On Application to Vary Charing Order]

This judgment was delivered by Justice Peters on 26 April 2023 at 3 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

WANG v GUANGZHOU DONGJIANG PETROLEUM SCIENCE & TECHNOLOGY DEVELOPMENT COMPANY LTD [2023] NZHC 1598 [26 June 2023]

[1]I have considered the parties’ memoranda on costs of 8 and 23 June 2023.

[2]                 Counsel for the applicants is correct that the steps in respect of which the first respondent may claim costs are 23, 24, and 26 of Schedule 3, High Court Rules 2016.

[3]In addition, the appropriate classification for this matter is 2B.

[4]                 Accordingly, the first respondent is to have costs on a 2B basis, plus all appropriate disbursements, for those steps.

[5]                 Insofar as concerns the applicants’ proposal to defer payment of the sum awarded pending appeal, there is no general rule to that effect. Accordingly, the applicants should pay the awarded costs and disbursements now.

[6]                 Equally, however, the first respondent’s legal advisers will know that the first respondent may be ordered to refund the amount if any appeal against my judgment succeeds. They should advise the first respondent accordingly.

Peters J