Xu v Plant Zero 2006 Limited

[2023] NZHC 1482

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-001505

[2023] NZHC 1482

BETWEEN

BEN XU

Applicant

AND

PLANT ZERO 2006 LIMITED

Respondent

CIV-2022-404-000940

BETWEEN

PLANT ZERO 2006 LIMITED
Applicant

AND

BEN XU

Respondent

Hearing:

On the papers

Counsel:

J A Wickes for Applicant/Respondent (Mr Xu)

V J Corbett for Respondent/Applicant (Plant Zero)

Judgment:

14 June 2023

JUDGMENT OF ANDREW J

This judgment was delivered by Justice Andrew on 14 June 2023 at 3.00 pm

pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar

Date ……………………………….

XU v PLANT ZERO 2006 LTD [2023] NZHC 1482 [14 June 2023]

Introduction

[1]                  In my judgment of 3 April 2023,1 I made an order granting Mr Xu’s possession of the property at 108 Station Road, Huapai. I also ordered Plant Zero to pay Mr Xu outstanding rent, together with interest at the rate of 10 per cent. The application by Plant Zero for an order for relief against cancellation was dismissed.

[2]This judgment contains my decision on costs.

[3]                  I have received submissions from Mr Xu on the issue of costs but none from Plant Zero. The deadline for receipt of submissions from Plant Zero has long expired.

Relevant legal principles

[4]                  Costs are of course at the discretion of the Court (r 14.1). Costs follow the event (r 14.2), and as far as possible the determination of costs should be predictable and expeditious (r 14.2(1)(g)).

[5]                  Rule 14.6 provides for increased costs. The Court may order a party to pay increased costs if taking or pursuing an unnecessary step or argument lacks merit     (r 14.6(3)(b)(ii) and (iii)).

Analysis

[6]                  In this case, Mr Xu, as the landlord, was successful in respect of all matters at issue. He is clearly entitled to costs.

[7]                  I find that Mr Xu should be awarded costs on a 2B basis in the sum of $17,686, as set out in Schedule A to Ms Wickes’ memorandum of 13 April 2023. I also find, that Plant Zero should pay increased costs in the sum of $3,007 (being an uplift of 50 per cent on the scale for items 40 – 42). This is because of the unaccepted offers made to Plant Zero which necessitated the hearing and where Mr Xu succeeded on each application.

1      Xu v Plant Zero 2006 Ltd [2023] NZHC 716.

[8]                  I also order that Plant Zero should pay the disbursements as set out in Schedule B to Ms Wickes’ memorandum.

Result

[9]                  I order that Plant Zero is to pay costs to Mr Xu in the total sum of $20,693, together with disbursements as sought in the sum of $753.70.

Andrew J