CHIU CHUI-I AND ORS V TANG SHUO DEVELOPMENT COMPANY LIMITED AND ANOR HC WN CIV-2006-485-001824

CHIU CHUI-I AND ORS V TANG SHUO DEVELOPMENT COMPANY LIMITED AND ANOR HC WN CIV-2006-485-001824

The court awarded the eighth plaintiff costs and disbursements against the first defendant in the amounts sought because the eighth plaintiff succeeded in the summary judgment application and the first defendant did not oppose the costs assessment.

Citation
openlaw-feab4a2d_6d2f_4085_9a73_e6b0c727c080.pdf
Parties
First Plaintiff: Chiu Chui-I; Second Plaintiff: Tien Chung Ching; Third Plaintiff: Lin Che-Wen; Fourth Plaintiff: Lin Yeou-Lung; Fifth Plaintiff: Lin Chao Tang; Sixth Plaintiff: Chen Tang; Seventh Plaintiff: Ho Suei Lai; Eighth Plaintiff: Yang Pei Chi; First Defendant: Tang Shuo Development Company Limited; Second Defendant: Kensington Swan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 July 2009
Procedural Posture
Civil Summary Judgment / Costs Assessment Post Summary Judgment
Outcome
Costs awarded to the eighth plaintiff against the first defendant
Legal Topics
Summary Judgment, Costs and Disbursements, Interest
Civil Procedure Costs Summary Judgment Costs and Disbursements Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Chiu Chui-I

First Plaintiff

Tien Chung Ching

Second Plaintiff

Lin Che-Wen

Third Plaintiff

Lin Yeou-Lung

Fourth Plaintiff

Lin Chao Tang

Fifth Plaintiff

Chen Tang

Sixth Plaintiff

Ho Suei Lai

Seventh Plaintiff

Yang Pei Chi

Eighth Plaintiff

Tang Shuo Development Company Limited

First Defendant

Kensington Swan

Second Defendant

Procedural Posture

Civil Summary Judgment / Costs Assessment Post Summary Judgment

Legal Issues

  1. 1 Whether the successful plaintiff (eighth plaintiff) was entitled to costs
  2. 2 Quantum of costs and disbursements to be awarded
  3. 3 Apportionment of costs where multiple plaintiffs existed

Ratio Decidendi

The court awarded the eighth plaintiff costs and disbursements against the first defendant in the amounts sought because the eighth plaintiff succeeded in the summary judgment application and the first defendant did not oppose the costs assessment.

Court Disposition

Costs awarded to the eighth plaintiff against the first defendant

Orders

  • Costs awarded to the eighth plaintiff against the first defendant in the sum of $15,640.00
  • Disbursements awarded to the eighth plaintiff against the first defendant in the sum of $1,254.00