NORTHWEST DEVELOPMENTS LTD v ZHANG [2019] NZHC 2146

NORTHWEST DEVELOPMENTS LTD v ZHANG [2019] NZHC 2146

Costs awarded to the plaintiff on a 2B basis; preparation of written submissions and bundle classified as band B (not band C); abuse of process memoranda classified band B; no allowance for second counsel; photocopying disbursement recoverable at 20 cents per page and other disbursements as per plaintiff's schedule.

Source-derived case information.

Citation
[2019] NZHC 2146
Parties
Plaintiff: NORTHWEST DEVELOPMENTS LTD; Defendant: CHENG ZHANG; Defendant: JIN KUK JUNG; Defendant: PILL SOON SO
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 August 2019
Procedural Posture
Civil Summary Judgment Seeking Specific Performance; Appeal to Court of Appeal / Costs Judgment After Summary Judgment and Appeal
Outcome
Plaintiff awarded costs on a 2B basis; specific contested claims disallowed as set out in ratio
Legal Topics
Specific Performance, Summary Judgment, Abuse of Process, Disbursements, Second Counsel, Costs Banding
Contract Civil Procedure Costs Specific Performance Summary Judgment Abuse of Process Disbursements Second Counsel +1 more

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Parties

NORTHWEST DEVELOPMENTS LTD

Plaintiff

CHENG ZHANG

Defendant

JIN KUK JUNG

Defendant

PILL SOON SO

Defendant

Procedural Posture

Civil Summary Judgment Seeking Specific Performance; Appeal to Court of Appeal / Costs Judgment After Summary Judgment and Appeal

Legal Issues

  1. 1 Whether band C is appropriate for preparation of written submissions and hearing bundle
  2. 2 Whether costs should be allowed for written submissions and reply on abuse of process and for a memorandum of costs
  3. 3 Whether an allowance for second counsel is appropriate

Ratio Decidendi

Costs awarded to the plaintiff on a 2B basis; preparation of written submissions and bundle classified as band B (not band C); abuse of process memoranda classified band B; no allowance for second counsel; photocopying disbursement recoverable at 20 cents per page and other disbursements as per plaintiff's schedule.

Court Disposition

Plaintiff awarded costs on a 2B basis; specific contested claims disallowed as set out in ratio

Orders

  • Costs awarded to plaintiff on a 2B basis in terms of the plaintiff's schedule
  • No costs awarded for second counsel