SUO v YANG [2021] NZHC 1435

SUO v YANG [2021] NZHC 1435 [17 June 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV 2020-404-000613[2021] NZHC 1435BETWEEN FEI (SOPHIE) SUOPlaintiffAND QIAO YANGDefendantHearing: On the papersCounsel: C J Pendleton for the PlaintiffNo appearance for the DefendantJudgment: 17 June 2021JUDGMENT OF VAN BOHEMEN J[Costs]This judgment was delivered by me on 17 June 2021 at 12.30pmPursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy RegistrarSolicitors/Counsel:Turner Hopkins, AucklandCopy to:Defendant (Self-Represented)Introduction[1] In my decision dated 29 April 2021, I delivered judgment in these proceedingsin favour of Fei (Sophie) Suo, who was seeking repayment of a loan of $500,000 pluscontractual interest from Qiao Yang.1 Accordingly, I ordered Mr Yang to pay Ms Suo:$500,000 plus interest a two per cent per annum from the date of demand to the dateof judgment; interest pursuant to s 24 of the Interest on Money Claims Act 2016 fromthe date of judgment to the date of repayment; and costs.[2] I directed that Ms Suo was entitled to costs on a category 2B basis. If costswere unable to be agreed, I directed that any memorandum from Ms Suo should befiled and served by 20 May 2021, and any memorandum in reply from Mr Yang befiled and served by 3 June 2021.Memorandum[3] By memorandum dated 31 May 2021, counsel for Ms Suo advise that they seekan award of $21,237.00, comprising:(a) $19,837.00 in costs on a 2B basis; and(b) $1,400.00 in disbursements. Namely, a $1,350.00 filing fee for thestatement of claim and a $50.00 administrative fee for sealing of thejudgment.[4] Counsel advise that they have written to Mr Yang regarding costs and havereceived no response. They also apologise for the lateness in the filing of thismemorandum.[5] I have received no memorandum regarding costs from Mr Yang. Accordingly,this decision on Ms Suo's application for costs is made in the absence of a responsefrom Mr Yang.1 Suo v Yang [2021] NZHC 940.Discussion[6] Costs remain at the discretion of the Court.2 In line with the first principles ofcosts, Mr Yang is liable to pay a reasonable contribution to the costs incurred byMs Suo as the successful party.3[7] As stated in my judgment, I am satisfied that Ms Suo, being the successfulapplicant, is entitled to costs on a 2B basis. The disbursements claimed, being courtfees, are also clearly recoverable.[8] I accept the claim for costs and disbursements as set out in the schedule of costsaffixed to Ms Suo's memorandum of 9 April 2021.Order[9] I order that Mr Yang pay Ms Suo costs of $19,870.00 and disbursements of$1,400.00.______________________G J van Bohemen J2 High Court Rules 2016, r 14.1.3 Rule 14.2.