DENG v YE (Costs) [2018] NZHC 927

DENG v YE (Costs) [2018] NZHC 927

The court awarded costs to Ms Deng on a 2B basis for the summary judgment application and specified related steps, declined to award indemnity/increased costs because the r 14.6 threshold was not met, ordered Ms Ye personally to pay the costs of defending the summary judgment application because her failure to alert the Court to relevant information caused the wrongful appointment, declined to award costs for the stay application or for items relating solely to the substantive trial, limited recoverable disbursements to those exclusively related to the awarded steps, and refused certification for second counsel and costs on the costs memoranda.

Citation
[2018] NZHC 927
Parties
Plaintiff in 1022 and Defendant in 1005: Jie Deng; Defendant in 1022 and Plaintiff in 1005: Huifang Ye; Second Defendant in 1005: Public Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 May 2018
Procedural Posture
Civil (summary Judgment; Return of Property; Estate Administration) / Post‑judgment Costs Determination
Outcome
Costs awarded to Ms Deng on a 2B basis for the summary judgment application and specified related steps; no indemnity/increased costs; no costs awarded for the stay application; Ms Ye ordered to pay costs personally for defending the summary judgment application; disbursements limited to items exclusively related to...
Legal Topics
Summary Judgment, Stay of Proceedings, Costs and Disbursements, Indemnity/increased Costs, Personal Liability of Administrator
Civil Procedure Costs Trusts and Estates Administration of Estates Summary Judgment Stay of Proceedings Costs and Disbursements Indemnity/increased Costs +1 more

Case Brief

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Parties

Jie Deng

Plaintiff in 1022 and Defendant in 1005

Huifang Ye

Defendant in 1022 and Plaintiff in 1005

Public Trust

Second Defendant in 1005

Procedural Posture

Civil (summary Judgment; Return of Property; Estate Administration) / Post‑judgment Costs Determination

Legal Issues

  1. 1 Whether indemnity or increased costs should be awarded for the summary judgment and stay applications
  2. 2 Scope of a 2B costs award and which steps it covers
  3. 3 Whether costs should be payable personally by the administrator or from the estate

Ratio Decidendi

The court awarded costs to Ms Deng on a 2B basis for the summary judgment application and specified related steps, declined to award indemnity/increased costs because the r 14.6 threshold was not met, ordered Ms Ye personally to pay the costs of defending the summary judgment application because her failure to alert the Court to relevant information caused the wrongful appointment, declined to award costs for the stay application or for items relating solely to the substantive trial, limited recoverable disbursements to those exclusively related to the awarded steps, and refused certification for second counsel and costs on the costs memoranda.

Court Disposition

Costs awarded to Ms Deng on a 2B basis for the summary judgment application and specified related steps; no indemnity/increased costs; no costs awarded for the stay application; Ms Ye ordered to pay costs personally for defending the summary judgment application; disbursements limited to items exclusively related to...

Orders

  • Award costs to Jie Deng on a 2B basis for the summary judgment application, written submissions on that application, preparation of the bundle and appearance at the hearing, plus specified commencement, case management and discovery steps
  • Do not award costs for the application to stay the 1005 proceeding and leave costs relating to the unopposed transfer of funds in 1005 to lie where they fall