MO v YANG & Others [2021] NZHC 2426

MO v YANG & Others [2021] NZHC 2426

The interlocutory s 143 application is treated as an originating application for costs purposes; however, because the application arose within existing proceedings and respondents did not start from scratch, a reduced allowance (band A one day) for the filing/notice item is appropriate; item for first case management conference was disallowed as irrelevant; no separate allowance for costs memoranda was appropriate; award costs $2,868 and disbursements $110 to respondents.

Citation
[2021] NZHC 2426
Parties
Applicant/plaintiff: Qinghua Mo; Applicant/plaintiff: Yu Huang; Respondent/defendant: Zhe Yang; Respondent/defendant: Jackson Ing Wei Law; Respondent/defendant: Tamaki Homes Limited; Party: DH and PM Limited; Party: Yan Yang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 September 2021
Procedural Posture
Interlocutory Application Under Section 143 Land Transfer Act 2017 (caveat Proceedings) / Costs Judgment Following Withdrawal of Interlocutory Application
Outcome
Applicants ordered to pay costs and disbursements to respondents
Legal Topics
Caveat, Lapse of Caveat, Section 143 Land Transfer Act 2017, Costs Assessment, High Court Rules Schedule 3
Property Law Civil Procedure Costs Land Registration Caveat Lapse of Caveat Section 143 Land Transfer Act 2017 Costs Assessment +1 more

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Parties

Qinghua Mo

Applicant/plaintiff

Yu Huang

Applicant/plaintiff

Zhe Yang

Respondent/defendant

Jackson Ing Wei Law

Respondent/defendant

Tamaki Homes Limited

Respondent/defendant

DH and PM Limited

Party

Yan Yang

Party

Procedural Posture

Interlocutory Application Under Section 143 Land Transfer Act 2017 (caveat Proceedings) / Costs Judgment Following Withdrawal of Interlocutory Application

Legal Issues

  1. 1 Whether the s 143 application should be treated as an originating application for costs purposes
  2. 2 Which Schedule 3 items and bands apply
  3. 3 Whether claimed items (filing opposition affidavit, preparation for first conference, costs memorandum) are recoverable

Ratio Decidendi

The interlocutory s 143 application is treated as an originating application for costs purposes; however, because the application arose within existing proceedings and respondents did not start from scratch, a reduced allowance (band A one day) for the filing/notice item is appropriate; item for first case management conference was disallowed as irrelevant; no separate allowance for costs memoranda was appropriate; award costs $2,868 and disbursements $110 to respondents.

Court Disposition

Applicants ordered to pay costs and disbursements to respondents

Orders

  • Applicants to pay costs of NZD 2,868 to the respondents
  • Applicants to pay disbursements of NZD 110 to the respondents