Chen v Yang [2010] NZCA 555 (25 November 2010)

Last Updated: 30 November 2010

IN THE COURT OF APPEAL OF NEW ZEALAND

CA343/2010

[2010] NZCA 555

BETWEEN PAUL YU PO CHEN
First Appellant

AND HEARD PARK LIMITED
Second Appellant

AND LIMIN YANG AND YANG (JASMINE) LIU
First Respondents

AND DACHA INTERNATIONAL LIMITED
Second Respondent

AND ROTORUA INTERNATIONAL VILLAS LIMITED
Third Respondent

AND TOP INTERNATIONAL LIMITED
Fourth Respondent

Court: O'Regan P, Chambers and Arnold JJ

Counsel: R J Katz QC for Appellants
P J McPherson and G J Luen for First Respondents

Judgment: 25 November 2010 at 11.30 am

JUDGMENT OF THE COURT

The appellant must pay the first respondent costs for a standard appeal on a band A basis plus usual disbursements.

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REASONS OF THE COURT

(Given by O’Regan P)

[1] Costs in this matter were reserved.[1]
[2] Since the matter was heard, William Young P has become a Supreme Court Judge. O’Regan P has nominated Arnold J to replace him for the purpose of dealing with the first respondent’s application for costs.
[3] The parties are agreed that costs are payable by the appellant in the normal manner and we now make an order that reflects their agreement.

Solicitors:
Queen City Law, Auckland for Appellants
Hesketh Henry, Auckland for First Respondents

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[1] Chen v Yang [2010] NZCA 278 at [12].