Jones v WHK Sherwin Chan & Walshe no. 2 HC Wellington Civ-2009-485-1324

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2009-485-001324

BETWEEN SIR ROBERT EDWARD JONES, YORGEN HOLDINGS LIMITED AND TIROHANGA FAMILY TRUST Plaintiffs

ANDWHK SHERWIN CHAN & WALSHE First Defendant

ANDSHERWIN CHAN & WALSHE LIMITED (IN LIQUIDATION)
Second Defendant

ANDWHK (NZ) LIMITED Third Defendant

Hearing: On the Papers

Counsel: M P Reed QC, M G Colson and B S Clarke for Plaintiffs
L J Taylor and P H V Cheng for Defendants

Judgment: 5 December 2011

JUDGMENT (NO.2) OF WHATA J

ON COSTS, DISBURSEMENTS AND INTEREST

This judgment was delivered by Justice Whata on
5 December 2011 at 12.00 p.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date:

Solicitors:
Bell Gully, PO Box 291, Wellington
Minter Ellison Rudd Watts, PO Box 2793, Wellington

JONES, YORGEN HOLDINGS LIMITED AND TIROHANGA FAMILY TRUST V WHK SHERWIN CHAN & WALSHE HC WN CIV-2009-485-001324 5 December 2011

[1] Further to my judgment of 31 October 2011 and joint memorandum of counsel dated 1 December 2011, I award judgment for the plaintiffs on costs, disbursements and interest as follows:

Category Quantum

Costs
(3B basis, including 25% uplift, in accordance with
orders at para 68)

$89,522.00

Disbursements
(Including witness costs, in accordance with orders
at para 69)

$280,562.22

Interest (in accordance with orders at para 70)
7 April 2009 to 31 March 2010 @ 7.91% $153,447.01

1 April 2010 to 30 June 2011 @ 7.67% $352,917.00

1 July 2011 to 24 July 2011 @ 5% $13,501.66

Post-judgment (25 July 2011 to dates of payment (9 and 12 August 2011))

$9,685.97

Total Interest $529,551.64

TOTAL $899,635.86

[2] I further direct that payment be made to the plaintiffs by the second and third

defendants within 21 days of this order.

Whata J

CaseChat Overview and Summary

The case involves Sir Robert Edward Jones, Yorgen Holdings Limited, and the Tirohanga Family Trust as plaintiffs, and WHK Sherwin Chan & Walshe, Sherwin Chan & Walshe Limited (in liquidation), and WHK (NZ) Limited as defendants. The dispute pertains to the costs, disbursements, and interest awarded to the plaintiffs following a previous judgment. The matter was heard on the papers by Justice Whata in the High Court of New Zealand, Wellington Registry. The plaintiffs were represented by M P Reed QC, M G Colson, and B S Clarke, while the defendants were represented by L J Taylor and P H V Cheng.

The court was required to determine the quantum of costs, disbursements, and interest that should be awarded to the plaintiffs. This involved assessing the costs on a 3B basis, including a 25% uplift, and calculating the interest from different periods at specified rates. The court had to ensure that the total amount awarded aligned with the orders previously made by the court.

Justice Whata awarded the plaintiffs costs amounting to $89,522.00, disbursements totalling $280,562.22, and interest calculated from various periods, resulting in a total interest amount of $529,551.64. The total amount awarded to the plaintiffs was $899,635.86. The court directed that the second and third defendants must pay this amount within 21 days of the order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established