Yoonwoo C & C Development Corp v Huh

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-664

[2022] NZHC 2263

BETWEEN
YOONWOO C & C DEVELOPMENT CORP

Plaintiff

AND

JAE HO HUH

Defendant

Hearing: On the papers

Judgment:

6 September 2022

JUDGMENT OF WYLIE J

[As to costs]

This judgment was delivered by me on Tuesday, 6 September 2022 at 4:00 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:Loo & Koo/AJB Holmes and NM Foulis, Auckland Chapman Tripp, Auckland

YOONWOO C & C DEVELOPMENT CORP v HUH [2022] NZHC 2263 [6 September 2022]

[1] My judgment in this matter was issued on 9 August 2022.1 Inter alia I held that Yoonwoo C & C Development Corp (Yoonwoo) was entitled to its reasonable costs and disbursements and I put in place a timetable for the filing of submissions.

[2]Yoonwoo filed a memorandum seeking costs on a 2B basis in the total sum of

$7,528.50, together with disbursements of $7,134.92. The time for the filing of a memorandum in reply has expired. No memorandum has been received from Mr Huh.

[3] I have checked the costs claimed by Yoonwoo. I am satisfied that they are appropriate. The disbursements include expert witness costs. Those costs are appropriate because Mr Huh filed his own expert’s report and Yoonwoo had to reply to the same.

[4] Accordingly, I fix costs against Mr Huh and in favour of Yoonwoo in the sum of $7,528.50, together with disbursements of $7,134.92, making a total order for costs and disbursements in the sum of $14,663.42.

Wylie J

1 Huh v Yoonwoo C & C Development Corp [2022] NZHC 1958.

CaseChat Overview and Summary

The case Yoonwoo C & C Development Corp v Huh was heard in the High Court of New Zealand at Auckland, where Yoonwoo C & C Development Corp, the plaintiff, sought to recover costs from Jae Ho Huh, the defendant. The dispute originated from a prior judgment where Yoonwoo was granted its reasonable costs and disbursements against Huh, who had failed to respond to Yoonwoo’s memorandum seeking these costs. Yoonwoo claimed costs totaling $7,528.50, along with disbursements amounting to $7,134.92, which included expert witness fees, as Huh had filed his own expert’s report.

The legal issues before the court involved verifying the appropriateness and necessity of the costs claimed by Yoonwoo and ensuring that the disbursements, particularly the expert witness fees, were justified given Huh’s actions in the proceedings. The court had to determine whether Yoonwoo’s costs and disbursements were reasonable and necessary, and whether Huh's lack of response warranted the awarding of costs against him.

Wylie J reviewed the costs claimed by Yoonwoo and found them to be appropriate. The disbursements, including the expert witness costs, were deemed necessary because Huh had initiated the need for Yoonwoo to respond to his expert’s report. Consequently, the court ordered that Huh was liable for Yoonwoo’s costs and disbursements, totaling $14,663.42. The judgment confirmed that the costs claimed were reasonable and the disbursements were justified under the circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established