Wu v Moncur

[2015] NZHC 3064

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-003456 [2015] NZHC 3064

BETWEEN

YI WU (ALIAS DICTUS EASTER WU)

Plaintiff

AND

MAY MONCUR First Defendant

TRUTH WEEKENDER LTD (IN LIQUIDATION)

Second Defendant

Hearing:

4 December 2015

[On the Papers]

Appearances:

F C Deliu for the Plaintiff
M Moncur (Self-represented First Defendant) in Person

Judgment:

4 December 2015

JUDGMENT OF PALMER J

This judgment was delivered by Justice Palmer on 4 December 2015 at 2.00 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date:

Counsel:     F C Deliu, Auckland

Copy To:     M Moncur, Auckland

WU v MONCUR [2015] NZHC 3064 [4 December 2015]

[1]      This is a defamation action by Mr Wu against Mrs Moncur.  Mr Wu sought

leave to file a reply to Mrs Moncur’s defences, under s 39 of the Defamation Act

1992, out of time.  I granted the application.  Both parties sought costs, which are the subject of this judgment.

[2]      Mr Wu was granted an indulgence by the Court and I consider that, in this context, he should not receive costs for having done so.  Mrs Moncur’s opposition lacked substance and came in the context of her having previously received a significant indulgence from the Court in respect of which costs were awarded against her.  Mrs Moncur is self-represented so is not entitled to the award of costs.

[3]      Accordingly, I order that costs lie where they fall.

..................................................................

Palmer J