Yang v Ichinen Autos (NZ) Limited

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-1353

[2023] NZHC 2755

BETWEEN
ZHANPING YANG

Appellant

AND

ICHINEN AUTOS (NZ) LIMITED

Respondent

Hearing: On the papers at Auckland

Judgment:

3 October 2023

JUDGMENT (NO.2) OF POWELL J

[Costs]

This judgment was delivered by me on 03 October 2023 at 4.00 pm pursuant to
r 11.5 of the High Court Rules

…………………..
Registrar/Deputy Registrar

ZHANPING YANG v ICHINEN AUTOS (NZ) LIMITED [2023] NZHC 2755 [3 October 2023]

[1] On 5 September 2023 I issued a judgment striking out Mr Yang’s appeal for want of jurisdiction, and determined that the respondent Ichinen Autos (NZ) Limited (“Ichinen”) was entitled to costs on a 2B basis uplifted by 25 per cent.1

[2] Leave was given for the parties to file memoranda in the event there was any issue with the calculation of the costs. Memoranda have now been filed.

[3] Mr Bullock on behalf of Ichinen has calculated that costs on a 2B basis uplifted by 25 per cent comes to $6,273.75. Mr Bullock however noted that as his actual fees came to $3,150 excluding GST, the amount of costs claimed by Ichinen was $3,150. In response, Mr Yang has not raised any issue with regard to the calculation of costs but has simply repeated his earlier submissions with regard to the substantive issues he wished to raise on appeal.

[4] Having considered the issue I agree it is appropriate to make the order for the actual costs incurred by Ichinen, noting that these are substantially less than Ichinen would otherwise have been entitled to.

[5]Mr Yang is therefore to pay Ichinen costs in the sum of $3,150.

Powell J

1 Yang v Ichinen Autos (NZ) Ltd [2023] NZHC 2487 at [10]–[11].

CaseChat Overview and Summary

The High Court of New Zealand, Auckland Registry, issued a judgment in the case of Zhanping Yang v Ichinen Autos (NZ) Limited, concerning an appeal that was struck out for lack of jurisdiction. The case pertains to a previous judgment where Mr. Yang's appeal against Ichinen Autos (NZ) Limited was dismissed, and Ichinen was awarded costs on a 2B basis, uplifted by 25%. The court, upon reviewing the calculation of these costs, noted that Ichinen's legal representative had calculated the costs at $6,273.75, but acknowledged that the actual fees incurred were $3,150, excluding GST.

The legal issue before the court was the appropriate amount of costs to be awarded to Ichinen Autos (NZ) Limited. The court considered whether the costs awarded should be based on the actual fees incurred or the calculated amount, as per the initial judgment. The memorandum filed by Ichinen's representative clarified that the actual fees were $3,150, and Mr. Yang did not dispute this figure. The court deliberated on the fairness of awarding the actual costs incurred, given that these were substantially less than what was initially calculated and awarded.

The court determined that it was appropriate to award the actual costs incurred by Ichinen Autos (NZ) Limited, which amounted to $3,150. Powell J agreed with this assessment, noting that it was reasonable to adjust the costs to reflect the actual fees. The judgment concluded that Mr. Yang is to pay Ichinen Autos (NZ) Limited costs in the sum of $3,150. This decision aligns with the principle of awarding costs that are proportionate to the actual expenses incurred by the prevailing party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established