Zhang v Marsh

[2016] NZHC 564

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-2230 [2016] NZHC 564

UNDER

Part 32 of the High Court Rules 2009

BETWEEN

MING LI ZHANG Applicant

AND

CHARLOTTE HARETA MARSH First Respondent

THE REGISTRAR, High Court of
Auckland

Second Respondent

Hearing:	On the papers
Counsel:	J E M Lethbridge for Applicant No appearance by or on behalf of First Respondent
Judgment:	5 April 2016

JUDGMENT OF DAVISON J [re costs]

This judgment was delivered by me on 5 April 2016 at 4pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:             Grove Darlow & Partners (Auckland) for Applicant

(Copy to First Respondent in person)

ZHANG v MARSH COSTS JUDGMENT [2016] NZHC 564 [5 April 2016]

[1]      In accordance with my decision of 26 February 2016, the  applicant now specifies the cost of one month’s storage of the first respondent’s contents, plus the sum of costs calculated on a scale 2B basis.

[2]      The applicant claims the cost of storage of contents from 26 February 2016 to

25 March 2016 in the sum of $660.000 (GST inclusive).

[3]      The applicant refers me to an error in the sum calculated for the cost of one month’s storage from 28 January to 25 February 2016 (set out at paragraph [39] of my decision).   The calculated amount inadvertently accounts for the cost of GST twice. The correct amount, as amended, is set out in the table below.

[4]      The applicant itemises the breakdown of the amount sought in respect of costs.  The applicant seeks costs on a scale 2B basis together with disbursements in the sum of $32,051.46.

[5]      The total judgment sum is therefore $44,836.56, calculated as follows:

Expense

Amount

Change of locks

$449.10

Initial  packing,  removal  and  four  weeks’  storage  of  contents  of

property from 17 November 2015 to 15 December 2015

$6,711.00

Three  weeks’ storage  of  contents  from  11  December  2015  to  31

December 2015

$495.00

Four weeks’ storage of contents from 1 January 2016 to 28 January

2016

$660.00

Four weeks’ storage of contents from 29 January 2016 to 25 February

2016

$660.00

Four weeks’ storage of contents from 26 February 2016 to 25 March

2016

$660.00

Loss of market rent from 24 September 2015 to 12 November 2015

$3,150.00

Costs on a scale 2B basis together with disbursements

$32,051.46

Total

$44,836.56

[6]      I accept as accurate the  applicant’s calculation of costs, and award costs accordingly.   The payments shall be made from the first respondent’s frozen fund that is currently held by the High Court in a bank account on interest bearing deposit.

[7]      Additionally, the applicant seeks that the amount of $5,000 be set aside from the frozen fund to cover “any further storage/sale costs”.   I do not consider it is appropriate to set aside money to meet any further storage or costs incurred in selling the items that were removed from the property and placed in storage.  The applicant has the option of selling and/or disposing of the storage contents and it can be anticipated that the proceeds of selling the items will yield sufficient funds to meet the costs incurred.  Following any such sale, the applicant shall account for the sale proceeds and, after deducting any reasonable costs for sale and further storage, is to lodge any surplus with the Public Trust Office and file a memorandum with the Court setting out the details of the sales and the disposition of the proceeds.

Conclusion

[8]      The applicant is entitled to a total amount of costs in the sum of $44,836.56 to be paid by the Registrar out of the frozen fund.

[9]      The balance of the frozen fund shall be paid by the Registrar to the Public

Trust Office to be held by it for and on behalf of the first respondent.

Davison J