ZHANG v KING DAVID INVESTMENTS LTD (IN LIQ) & ORS [2017] NZHC 1040

ZHANG v KING DAVID INVESTMENTS LTD (IN LIQ) & ORS [2017] NZHC 1040

The Court reaffirmed its prior orders awarding interest at the Judicature Act rate and indemnity costs to the plaintiff, refused to stay payment pending appeal, ordered payment of quantified interest and costs from the funds paid into Court, and directed that any remaining shortfall be paid by Ms Ying because she was found in contempt while Mr Young was not.

Citation
[2017] NZHC 1040
Parties
Plaintiff: Jie Zhang; First Defendant: King David Investments Ltd (In liquidation); Second Defendant: Jinyue Young; Interested Party: Hsiang‑Fen Ying
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 May 2017
Procedural Posture
Civil / Judgment Interest and Costs Determination (replacement Judgment)
Outcome
Interest and indemnity costs awarded to the plaintiff; payment directions given from funds held in Court; remaining shortfall to be met by the interested party; referral to disciplinary authority; registry precaution before disbursement.
Legal Topics
Quantification of Interest, Indemnity Costs, Payment From Funds Held in Court, Stay Pending Appeal, Referral to Disciplinary Authority
Civil Procedure Contempt of Court Costs Interest Legal Professional Regulation Quantification of Interest Indemnity Costs Payment From Funds Held in Court +2 more

Case Brief

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Parties

Jie Zhang

Plaintiff

King David Investments Ltd (In liquidation)

First Defendant

Jinyue Young

Second Defendant

Hsiang‑Fen Ying

Interested Party

Procedural Posture

Civil / Judgment Interest and Costs Determination (replacement Judgment)

Legal Issues

  1. 1 Whether interest at the Judicature Act rate should be paid and its quantum
  2. 2 Whether indemnity costs should be awarded and their quantum
  3. 3 Whether payment should be stayed pending appeal

Ratio Decidendi

The Court reaffirmed its prior orders awarding interest at the Judicature Act rate and indemnity costs to the plaintiff, refused to stay payment pending appeal, ordered payment of quantified interest and costs from the funds paid into Court, and directed that any remaining shortfall be paid by Ms Ying because she was found in contempt while Mr Young was not.

Court Disposition

Interest and indemnity costs awarded to the plaintiff; payment directions given from funds held in Court; remaining shortfall to be met by the interested party; referral to disciplinary authority; registry precaution before disbursement.

Orders

  • Pay interest of $12,788.63 to Jie Zhang from the funds paid into Court as ordered by Toogood J.
  • Pay indemnity costs of $36,386.60 to Jie Zhang from the funds paid into Court as ordered by Toogood J.