CHEN V ZHONG & ANOR HC AK CIV 2010-404-001995

CHEN V ZHONG & ANOR HC AK CIV 2010-404-001995

Where precise payment dates for remedial and rectification invoices could not be reliably ascertained and a substantial portion of expenditure had been incurred by 15 August 2010, award interest at the prescribed rate on the judgment sum less the estimated remedial costs ($74,331.22) from 15 August 2010 to date of judgment; interest on the full judgment sum (including estimated remedial costs) to run from the date of judgment pursuant to High Court Rules r 11.27; award costs to plaintiff on a 2B basis and specified disbursements.

Citation
openlaw-fb65239f_ef13_452f_a8c4_d10795c11b94.pdf
Parties
Plaintiff: WANG KANG CHEN; First Defendant: LING ZHONG; Second Defendant: WLC PROPERTIES LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 December 2011
Procedural Posture
Civil Claim (building Dispute) / Judgment (costs and Interest Determination)
Outcome
Judgment entered for plaintiff against second defendant WLC Properties Limited for $128,141.70; interest awarded as directed; costs and disbursements awarded to plaintiff.
Legal Topics
Interest on Judgment, Costs Assessment (2 B), Damages, Rectification Works, Commencement Date for Interest
Contract Building and Construction Civil Procedure Remedies Interest on Judgment Costs Assessment (2 B) Damages Rectification Works +1 more

Case Brief

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Parties

WANG KANG CHEN

Plaintiff

LING ZHONG

First Defendant

WLC PROPERTIES LIMITED

Second Defendant

Procedural Posture

Civil Claim (building Dispute) / Judgment (costs and Interest Determination)

Legal Issues

  1. 1 Whether interest should be calculated from dates of individual payments or from a single identifiable date
  2. 2 Appropriate commencement date for interest under s 87 Judicature Act 1908
  3. 3 How to calculate interest where payments for remedial works cannot be precisely identified

Ratio Decidendi

Where precise payment dates for remedial and rectification invoices could not be reliably ascertained and a substantial portion of expenditure had been incurred by 15 August 2010, award interest at the prescribed rate on the judgment sum less the estimated remedial costs ($74,331.22) from 15 August 2010 to date of judgment; interest on the full judgment sum (including estimated remedial costs) to run from the date of judgment pursuant to High Court Rules r 11.27; award costs to plaintiff on a 2B basis and specified disbursements.

Court Disposition

Judgment entered for plaintiff against second defendant WLC Properties Limited for $128,141.70; interest awarded as directed; costs and disbursements awarded to plaintiff.

Orders

  • Interest at the prescribed rate to run on the judgment sum less $74,331.22 (estimated remedial costs) from 15 August 2010 to date of judgment.
  • Interest at the prescribed rate to run on the full judgment sum (including the $74,331.22 estimated remedial costs) from the date of judgment pursuant to High Court Rules r 11.27.