Zhang v Yan (No 2) [2021] FCA 1076

Federal Court of Australia

Zhang v Yan (No 2) [2021] FCA 1076 Appeal from: Yan v Zhang [2019] FCCA 2990

File number: VID 1244 of 2019

Judgment of: O'BRYAN J

Date of judgment: 7 September 2021

Catchwords: COSTS – award of costs – where not all of the successful respondents' arguments were accepted – costs nevertheless awarded in favour of respondent – order for release of sum paid into court as security for costs – whether the unsuccessful appellant entitled to a costs certificate under Federal Proceedings (Costs) Act 1981 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Proceedings (Costs) Act 1981 (Cth) s 6(1)

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 18

Date of last submissions: 19 August 2021

Date of hearing: Determined on the papers

Counsel for the Appellant: M G R Gronow QC with L Collaris

Solicitor for the Appellant: Hopkins Lawyers

Counsel for the Respondents: J P Tomlinson

Solicitor for the Respondents: SBA Law

ORDERS VID 1244 of 2019

BETWEEN: HENG ZHANG Appellant

AND: WEIMIN YAN First Respondent

SHANGHAI YINGYUE INVESTMENT GROUP CO PTY LTD Second Respondent

order made by: O'BRYAN J DATE OF ORDER: 7 SEPTEMBER 2021

THE COURT ORDERS THAT:

1. The appellant pay the respondents' costs of the appeal and of the notice of contention, to be taxed in default of agreement. 2. The sum of $30,000 paid into Court as security for the respondents' costs of the appeal pursuant to order 1 made on 6 April 2020 be released to the solicitors for the respondents, SBA Law, on account of the respondents' costs per order 1. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.