DAI v SETO [2018] NZHC 2314

DAI v SETO [2018] NZHC 2314

Because the defendants raised factual defences that could not properly be resolved at the summary judgment stage but were ultimately unfounded, the plaintiff was entitled to recover costs for the summary judgment application and the substantive proceeding on a 2B scale; the claimed disbursements were reasonably necessary and recoverable under the High Court Rules.

Citation
[2018] NZHC 2314
Parties
Plaintiff: Chuanming Dai; First Defendant: Woi Get Seto; Second Defendant: Li Li
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 September 2018
Procedural Posture
Civil / Costs Judgment (post Judgment)
Outcome
Defendants ordered to pay costs and disbursements to plaintiff.
Legal Topics
Summary Judgment, Costs Assessment, Disbursements, Withdrawal of Summary Judgment Application, Credibility Findings
Civil Procedure Costs Contract Debt Recovery Evidence Summary Judgment Costs Assessment Disbursements +2 more

Case Brief

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Parties

Chuanming Dai

Plaintiff

Woi Get Seto

First Defendant

Li Li

Second Defendant

Procedural Posture

Civil / Costs Judgment (post Judgment)

Legal Issues

  1. 1 Whether plaintiff entitled to costs on a 2B scale
  2. 2 Whether costs of withdrawn summary judgment application are recoverable
  3. 3 Whether claimed time and disbursements were reasonable and necessary

Ratio Decidendi

Because the defendants raised factual defences that could not properly be resolved at the summary judgment stage but were ultimately unfounded, the plaintiff was entitled to recover costs for the summary judgment application and the substantive proceeding on a 2B scale; the claimed disbursements were reasonably necessary and recoverable under the High Court Rules.

Court Disposition

Defendants ordered to pay costs and disbursements to plaintiff.

Orders

  • Defendants to pay costs to the plaintiff of $45,715.00
  • Defendants to pay disbursements to the plaintiff of $13,026.00