FUATI v PENG [2020] NZHC 2150

FUATI v PENG [2020] NZHC 2150

The Registrar could not award costs for steps outside Schedule 3 but the Judge will determine whether particular disallowed items fall within a Judge's power to award; the Judge allowed costs for certain discrete steps that were necessary to comply with Court directions or to provide new material for the resumed...

Source-derived case information.

Citation
[2020] NZHC 2150
Parties
First Plaintiff: Musabayou Fuati; Second Plaintiff: Jun Jin; First Defendant: Yuchen Peng; Second Defendant: Zuoru Jin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 August 2020
Procedural Posture
Interlocutory Application to Continue Freezing Orders / Costs Determination Following Successful Opposition to Continuation of Freezing Orders
Outcome
Registrar's assessment upheld in part and set aside in part; additional specific items previously disallowed are allowed for assessment by the Registrar and others are disallowed.
Legal Topics
Continuation of Freezing Orders, Interlocutory Costs, High Court Rules Schedule 3, Affidavit Evidence
Civil Procedure Injunctions Freezing Orders Costs Continuation of Freezing Orders Interlocutory Costs High Court Rules Schedule 3 Affidavit Evidence

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Parties

Musabayou Fuati

First Plaintiff

Jun Jin

Second Plaintiff

Yuchen Peng

First Defendant

Zuoru Jin

Second Defendant

Procedural Posture

Interlocutory Application to Continue Freezing Orders / Costs Determination Following Successful Opposition to Continuation of Freezing Orders

Legal Issues

  1. 1 Whether the Registrar had power to award costs for steps not covered by Schedule 3 of the High Court Rules 2016
  2. 2 Whether specific disbursements and preparation steps claimed by the second defendant were properly awardable as costs
  3. 3 Whether costs should be awarded for memoranda and appearances that were ancillary to the interlocutory application

Ratio Decidendi

The Registrar could not award costs for steps outside Schedule 3 but the Judge will determine whether particular disallowed items fall within a Judge's power to award; the Judge allowed costs for certain discrete steps that were necessary to comply with Court directions or to provide new material for the resumed hearing and disallowed costs for unnecessary or duplicative steps and routine memoranda on costs.

Court Disposition

Registrar's assessment upheld in part and set aside in part; additional specific items previously disallowed are allowed for assessment by the Registrar and others are disallowed.

Orders

  • Registrar's allowance of costs and disbursements totalling NZD 11,455.90 is confirmed.
  • Costs previously disallowed totalling NZD 17,180 are reconsidered: costs are allowed for the following previously disallowed steps and are to be included in the Registrar's assessment (or otherwise quantified by the Registrar): affidavit of Zuoru Jin dated 7 November 2018 (allowed); second set of submissions filed...