FUATI v PENG [2019] NZHC 2254

FUATI v PENG [2019] NZHC 2254

There were no special circumstances to defer fixing costs; Toogood J had already found the second defendant succeeded; accordingly the second defendant is entitled to costs on a Category 2B basis payable now, with disbursements to be fixed by the Registrar and any disputes on quantum to be referred first to the Registrar and then to the judge if unresolved.

Citation
[2019] NZHC 2254
Parties
First Plaintiff: Musabayoufu Fuati; Second Plaintiff: Jun Ji; First Defendant: Yuchen Peng; Second Defendant: Zuoru Jin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 September 2019
Procedural Posture
Costs Application Following Interlocutory Judgment / Duty Judge Determination on Costs
Outcome
Second defendant awarded costs on a Category 2B basis against the plaintiffs; disbursements to be fixed by the Registrar; disputes as to quantum to be referred to the Registrar and then to the judge if unresolved.
Legal Topics
Costs Orders, Removal of Reservation of Costs, High Court Rules Application, Category 2 B Costs
Civil Procedure Costs and Disbursements Costs Orders Removal of Reservation of Costs High Court Rules Application Category 2 B Costs

Case Brief

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Parties

Musabayoufu Fuati

First Plaintiff

Jun Ji

Second Plaintiff

Yuchen Peng

First Defendant

Zuoru Jin

Second Defendant

Procedural Posture

Costs Application Following Interlocutory Judgment / Duty Judge Determination on Costs

Legal Issues

  1. 1 Whether special circumstances exist to defer fixing of costs until trial
  2. 2 Which party is entitled to costs for the application
  3. 3 Appropriate basis for assessment of costs and procedure for resolving quantum

Ratio Decidendi

There were no special circumstances to defer fixing costs; Toogood J had already found the second defendant succeeded; accordingly the second defendant is entitled to costs on a Category 2B basis payable now, with disbursements to be fixed by the Registrar and any disputes on quantum to be referred first to the Registrar and then to the judge if unresolved.

Court Disposition

Second defendant awarded costs on a Category 2B basis against the plaintiffs; disbursements to be fixed by the Registrar; disputes as to quantum to be referred to the Registrar and then to the judge if unresolved.

Orders

  • Second defendant (Zuoru Jin) is entitled to costs on a Category 2B basis against the plaintiffs
  • Disbursements are to be fixed by the Registrar (Tony Mortimer)