Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (No 2) [2020] NSWSC 648

Supreme Court New South Wales

Medium Neutral Citation: Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (No 2) [2020] NSWSC 648 Hearing dates: On the papers Date of orders: 28 May 2020 Decision date: 28 May 2020 Jurisdiction: Equity - Duty List Before: Williams J Decision: Order that the plaintiffs pay the defendants' costs of the notice of motion filed on 29 April 2020 on the ordinary basis, such costs to be payable forthwith. Catchwords: COSTS – party/party – basis of quantification – application for indemnity costs – where aspects of the plaintiffs' evidence on a freezing order application was weak or unsatisfactory – indemnity costs refused in circumstances where the making of the application was not an abuse of process or contrary to s 56 of the Civil Procedure Act 2005 (NSW) and where the unsatisfactory aspects of the evidence did not account for a substantial portion of the parties' evidence or time taken at the hearing

COSTS – costs orders in interlocutory hearings – application for costs to be payable forthwith – where determination of the freezing order application represented the completion of a discrete aspect in the proceedings – where the matter has not yet been listed for final hearing – costs ordered to be paid forthwith Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 59, 98 Evidence Act 1995 (NSW), s 161 Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 42.2, 42.7 Cases Cited: Baller Industries Pty Ltd v Mero Mero Leasing Pty Ltd [2019] NSWSC 1067 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Oshlack v Richmond River Council (1998) 193 CLR 72 Tugrul v Tarrants Financial Consultants Pty Limited (No 5) [2014] NSWSC 437 Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust [2020] NSWSC 535 Category: Costs Parties: Yan Zhao (First Plaintiff) Justiva Holdings Pty Ltd AFT Justiva Family Trust ABN 24 981 998 776 (Second Plaintiff) Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (First Defendant) Rajesh Nellore (Second Defendant) Representation: Counsel: Mr G W McGrath SC (Plaintiffs) Mr S Gray (First Defendant) Mr P Strickland SC (Second Defendant)