Wen v Qian

[2022] NZHC 2099

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-634

[2022] NZHC 2099

UNDER

Land Transfer Act 2017

IN THE MATTER

of an application to remove caveat no. 12044428.1 pursuant to s 142 of the Land Transfer Act 2017

BETWEEN

YU WEN

Applicant

AND

DONG QIAN

Respondent

Hearing:

On the papers

Counsel:

T D Rea for applicant

J P Nolen for respondent

Date of judgment:

23 August 2022

Reissued:

26 August 2022

JUDGMENT OF JAGOSE J

[Costs]

This judgment was delivered by me on 23 August 2022 at 1.00pm.

Pursuant to Rule 11.5 of the High Court Rules.

…………………………

Registrar/Deputy Registrar

Counsel/Solicitors:

G P Blanchard QC, Auckland T D Rea, Barrister, Auckland McVeagh Fleming, Auckland K3 Legal, Auckland

WEN v QIAN - Costs [2022] NZHC 2099 [23 August 2022]

[1]                  Andrew AJ’s 5 July 2022 judgment, declining Mr Wen’s application for removal of a caveat, took the preliminary view Mr Qian accordingly was entitled to 2B costs and disbursements.1

[2]                  As duty judge, I have  Mr  Wen’s opposition  to  that  course,  contending  Mr Qian’s alleged pre-commencement conduct and failure to give proper discovery

— both in the associated substantive proceeding — to be disqualifying.

[3]                  Irrespective, costs are awarded by reference to the proceeding in which they were incurred.2 Mr Wen does not contest Mr Qian’s calculation of costs.

[4]                  I therefore award costs in the amount of 2B costs and disbursements in the amount of $13,066.

—Jagose J

1      Wen v Qian [2022] NZHC 1586 at [25].

2      High Court Rules 2016, r 14.2(1)(b).