ARRANMORE DEVELOPMENTS LTD v ZHANG [2015] NZHC 3303

ARRANMORE DEVELOPMENTS LTD v ZHANG [2015] NZHC 3303

Because the plaintiff succeeded on the substantive application to oppose the setting aside of judgment, the Court awarded costs to the plaintiff on a 2B basis for all steps relating to that application including the application to examine a witness and fixed costs at $9,418.50.

Citation
[2015] NZHC 3303
Parties
Plaintiff/respondent: Arranmore Developments Limited; Defendant/applicant: Qiyuan Zhang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2015
Procedural Posture
Application to Set Aside Judgment (civil) / Costs Determination Post Judgment
Outcome
Costs awarded to plaintiff on a 2B basis; Registrar to seal costs of $9,418.50 including disbursements.
Legal Topics
Application to Set Aside Judgment, Costs on 2 B Basis, Witness Examination Application, Affidavit Evidence, Call Over Appearances
Civil Procedure Costs Judgment Enforcement Evidence Application to Set Aside Judgment Costs on 2 B Basis Witness Examination Application Affidavit Evidence +1 more

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Parties

Arranmore Developments Limited

Plaintiff/respondent

Qiyuan Zhang

Defendant/applicant

Procedural Posture

Application to Set Aside Judgment (civil) / Costs Determination Post Judgment

Legal Issues

  1. 1 Whether the successful plaintiff is entitled to costs for all steps associated with the defendant's application to set aside judgment
  2. 2 Whether appearances occasioned by the plaintiff's actions should be disallowed for costs purposes
  3. 3 Whether costs for the plaintiff's application to examine a witness (later withdrawn) should be disallowed or awarded to the defendant

Ratio Decidendi

Because the plaintiff succeeded on the substantive application to oppose the setting aside of judgment, the Court awarded costs to the plaintiff on a 2B basis for all steps relating to that application including the application to examine a witness and fixed costs at $9,418.50.

Court Disposition

Costs awarded to plaintiff on a 2B basis; Registrar to seal costs of $9,418.50 including disbursements.

Orders

  • Registrar to seal costs in the plaintiff's favour in the sum of $9,418.50 including disbursements.