Jiang v Chen (No. 2) [2020] NSWSC 921

Supreme Court New South Wales

Medium Neutral Citation: Jiang v Chen (No. 2) [2020] NSWSC 921 Hearing dates: Decided in chambers on the papers. Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Equity Before: Slattery J Decision: Defendant ordered to pay the plaintiff's costs on the ordinary basis. Catchwords: COSTS – Party/Party – General rule that costs follow the event – application of or any award of indemnity costs plaintiffs were successful in the proceedings and obtained judgment for approximately $62,000 –defendant says that the proceedings should have been commenced in the District Court – the plaintiffs argue costs should follow the event – where the plaintiffs seek an award of indemnity costs due to the defendant's claimed fraud and a Calderbank offer –the defendant resists any order as to costs or any award of indemnity costs Uniform Civil Procedure Rules 2005, r 42.34. Legislation Cited: District Court Act 1973, ss 134, 134(1), 134(1)(e), 134(1)(h) Uniform Civil Procedure Rules 2005, r 42.34 Cases Cited: Deves v Porter [2003] NSWSC 625 Gladio Pty Ltd v Buckworth (No. 2) [2015] NSWSC 1462 Harrison & Anor v Schipp [2001] NSWCA 13 In the matter of Clarke's Pty Ltd [2019] NSWSC 1693 Jiang v Chen [2020] NSWSC 768 Leichhardt Municipal Council v Green [2004] NSWCA 341 Ofria v Cameron (No. 2) [2008] NSWCA 242 Vale v Eggins (No. 2) [2007] NSWCA 12 Category: Costs Parties: First Plaintiff: Xiu Jiang Second Plaintiff: Lun Zhu Defendant: Ya Juan Chen Representation: Counsel: Plaintiffs: T.J. Morahan Defendant: H. Jewell