HANGZHOU SHENGZHE TRADE CO LTD V WEIDONG HE HC AK CIV-2012-404-3860

HANGZHOU SHENGZHE TRADE CO LTD V WEIDONG HE HC AK CIV-2012-404-3860

The summary judgment application was misconceived and doomed to fail because there was no evidence the defendant submitted to the Chinese jurisdiction and the pleadings lacked clarity; accordingly the usual practice of reserving costs was displaced and the first defendant was entitled to costs now, with specific allowances and disallowances as to particular interlocutory steps, resulting in an award of $13,134 plus disbursements $108.80.

Citation
openlaw-49fee514_b4c9_48a7_bb19_4486c502331a.pdf
Parties
First Plaintiff: Hangzhou Shengzhe Trade Co Ltd; Second Plaintiff: Hangzhou Fuluosi Thermal Insulation Materials Co Ltd; Third Plaintiff: Hangzhou Jiahua Investment Co Ltd; Fourth Plaintiff: Hangzhou Kanli Car Sales and Services Co Ltd; First Defendant: Weidong He; Second Defendant: Furong Pan; Third Defendant: Xiaomei Liu; Fourth Defendant: Maryland Company Limited; Fifth Defendant: Maryland Bassett Company Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 April 2013
Procedural Posture
Civil Proceedings Summary Judgment Application to Enforce Foreign Judgments/guarantees / Summary Judgment Application Dismissed; Costs Determined on Interlocutory Application
Outcome
Summary judgment applications dismissed; costs awarded to first defendant
Legal Topics
Summary Judgment, Jurisdiction and Service, Security for Costs, Increased Costs (r 14.6(3)), Pleading and Drafting Standards
Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Costs and Litigation Conduct Summary Judgment Jurisdiction and Service Security for Costs Increased Costs (r 14.6(3)) +1 more

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Parties

Hangzhou Shengzhe Trade Co Ltd

First Plaintiff

Hangzhou Fuluosi Thermal Insulation Materials Co Ltd

Second Plaintiff

Hangzhou Jiahua Investment Co Ltd

Third Plaintiff

Hangzhou Kanli Car Sales and Services Co Ltd

Fourth Plaintiff

Weidong He

First Defendant

Furong Pan

Second Defendant

Xiaomei Liu

Third Defendant

Maryland Company Limited

Fourth Defendant

Maryland Bassett Company Limited

Fifth Defendant

Procedural Posture

Civil Proceedings Summary Judgment Application to Enforce Foreign Judgments/guarantees / Summary Judgment Application Dismissed; Costs Determined on Interlocutory Application

Legal Issues

  1. 1 Whether the Chinese courts had jurisdiction over the first defendant
  2. 2 Whether costs should be fixed at the interlocutory stage for a dismissed summary judgment application
  3. 3 Whether increased costs (100% uplift) under r 14.6(3) HCR were justified

Ratio Decidendi

The summary judgment application was misconceived and doomed to fail because there was no evidence the defendant submitted to the Chinese jurisdiction and the pleadings lacked clarity; accordingly the usual practice of reserving costs was displaced and the first defendant was entitled to costs now, with specific allowances and disallowances as to particular interlocutory steps, resulting in an award of $13,134 plus disbursements $108.80.

Court Disposition

Summary judgment applications dismissed; costs awarded to first defendant

Orders

  • First defendant is entitled to costs of $13,134
  • First defendant is entitled to disbursements of $108.80