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Ah Yeung v Moe Jay To [2010] WSSC 187; CP111-09 (18 June 2010)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

CP 111/09

BETWEEN:

SEABEE AH YEUNG and NELE AH YEUNG
of 69 St. John's St. Woolston, Christchurch, New Zealand, both Retirees
Plaintiffs

AND:

MOE JAY TO also known as MOE JAY TO AH TO
of Tanumalala and Alafua, Planter
Defendant

Presiding Judge: Justice Slicer
Counsel: R Drake for Plaintiffs
T S Toailoa for Defendant

Hearing: 25, 26 and 29 March 2010
Judgment: 18 June 2010

JUDGMENT OF SLICER J

1. The Plaintiffs seek an order for costs following a judgment in their favour delivered on 26 May 2010. In this case costs ought follow the event. Shortly before the trial, the Defendant made a Strike Out application which was dismissed but increased the length of the trial.
   

DISBURSEMENTS:-

2. The costs order, in general terms, will follow the approach taken by the learned Chief justice in Nalei Lii Moors v Andrew Mortenson CP139/05. It follows in general terms 15% VAGST Vaai v Meredith (1998) WSSC 30 which involved, in part wider issues of Constitutional rights and public interest. In that case the Court applied the principle stated in Morten v Douglas Home Limited (No.2) [1984] 2 NZLR 625 that an unsuccessful party should make 'a reasonable contribution towards the costs reasonably and properly incurred by the successful party.' A successful party should be entitled to receive 'party/party costs' and only in special circumstances be entitled to indemnity or solicitor/client costs. Here costs are awarded on the basis of 60% for professional fees and 100% for disbursements.
   
3. The award is:
   

....................................
(JUSTICE SLICER)