Zheng v Deng

In Zheng v Deng, the Court of Appeal of New Zealand considered claims for costs and disbursements arising from an appeal by Lu Zheng against two High Court judgments. The substantive appeal had been allowed, and the costs judgment set aside. The Court addressed Mr Zheng's claims for costs and disbursements, which included items for steps taken in the costs appeal, the application for leave to adduce further evidence, photocopying/printing expenses, postage expenses, expenses for preparing a paper copy of the case on appeal, and gown hire for senior counsel.

The Court found that certain costs claimed by Mr Zheng for steps taken in the costs appeal after the commencement of the appeal as of right were not justified. It held that only one set of costs for preparation and hearing of the appeal was allowable. Regarding the application for leave to adduce further evidence, the Court allowed costs for the commencement of the application but not for preparation for the hearing, finding that adequate time was already allocated within the band B allowance.

As for the disbursements, the Court allowed claims for photocopying/printing expenses and postage expenses, which were adequately verified and reasonable. For the expenses incurred in preparing a paper copy of the case on appeal, the Court determined that while it was reasonable to contract out the work due to the size of the case, the amount claimed was excessive. It allowed a reasonable disbursement of $960 for the preparation of the paper copy and $345 for binding material costs. The Court also allowed the cost of one gown for senior counsel, as it did not certify for second counsel.

The Court concluded that the claims for costs items 15 and 17 in respect of the costs appeal were not allowed. It allowed the claim for costs in respect of the application for leave to adduce further evidence in respect of item 8, amounting to 1 day. Regarding disbursements, the claims for photocopying/printing expenses, postage expenses, and expenses for preparing the paper copy of the case on appeal (to the extent of $960 plus $345 for binding material) were allowed. The claim for the cost of gown hire was allowed in respect of one gown. The Court made no order as to costs in respect of the application for determination of costs in this Court.