LEE v ALHARDAN [2023] NZCA 263
Because the appellant succeeded on appeal and the respondent consented to the costs sought, the Court ordered costs to the appellant on a standard appeal band A basis with usual disbursements.
Source-derived case information.
- Citation
- [2023] NZCA 263
- Parties
- Appellant: Jingmin Lee; Respondent: Mahmoud Alhardan
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 29 June 2023
- Procedural Posture
- Appeal (bankruptcy Adjudication) / Costs Application Following Judgment Allowing Appeal
- Outcome
- Respondent ordered to pay costs to appellant.
- Legal Topics
- Costs on Appeal, Consent Memorandum, Bankruptcy Adjudication Overturned
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jingmin Lee
Appellant
Mahmoud Alhardan
Respondent
Procedural Posture
Appeal (bankruptcy Adjudication) / Costs Application Following Judgment Allowing Appeal
Legal Issues
- 1 Whether the appellant should be awarded costs for a successful appeal
- 2 Appropriate scale and amount of costs
Ratio Decidendi
Because the appellant succeeded on appeal and the respondent consented to the costs sought, the Court ordered costs to the appellant on a standard appeal band A basis with usual disbursements.
Court Disposition
Respondent ordered to pay costs to appellant.
Orders
- Respondent must pay costs to the appellant for a standard appeal on a band A basis, with usual disbursements.
- Costs to be awarded as sought by the appellant in the joint memorandum (claimed amount $4,735.00).
Full Case Text
Judgment text and source record
1 paragraphs
LEE v ALHARDAN [2023] NZCA 263 [29 June 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA138/2023[2023] NZCA 263BETWEEN JINGMIN LEEAppellantAND MAHMOUD ALHARDANRespondentCourt: Miller, Goddard and Katz JJCounsel: D W Grove for AppellantC T Patterson for RespondentJudgment:(On the papers)29 June 2023 at 10.30 amJUDGMENT OF THE COURTThe respondent must pay costs to the appellant for a standard appeal on a band Abasis, with usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Goddard J)Costs application[1] On 29 May 2023 this Court delivered a judgment allowing an appeal by Mr Leefrom an order made by the High Court adjudicating him bankrupt.1 Costs werereserved.1 Lee v Alhardan [2023] NZCA 195.[2] Mr Lee applied for costs for a standard appeal on a band A basis, together withdisbursements. The amount claimed is $4,735.00.Joint memorandum consenting to costs order[3] On 22 June 2023 a joint memorandum of counsel was filed advising thatMr Alhardan does not oppose the application for costs. The parties sought an orderby consent for costs as sought by the appellant, without the need for further steps.[4] The order sought by the appellant, and consented to by the respondent, isappropriate. We order accordingly.Result[5] The respondent must pay costs to the appellant for a standard appeal on a bandA basis, with usual disbursements.Solicitors:Julia Xu Lawyers, Auckland for AppellantOctagon Law, Auckland for Respondent