Qin v He [2020] NSWDC 522

District Court New South Wales

Medium Neutral Citation: Qin v He [2020] NSWDC 522 Hearing dates: 30 April 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The appeal against the Review Panel's decision is allowed. (2) Set aside the determination of the Review Panel. (3) Determine that the total amount of the fair and reasonable costs of the first and second defendants to be $30,348.50. (4) Find the plaintiff liable to the first and second defendants for the costs of the assessment and the costs of the Review Panel in the sum of $4,409.65, being 60% of the costs of assessment and 60% of the Review Panel's costs. (5) Order that there be no order as to the costs of the amended summons. (6) Liberty to the first and second defendants to apply, in order to obtain any certificate or further order necessary to give efficacy to the orders that are made today so as enable the recovery of the costs. Catchwords: COSTS — Costs assessment — Determination — Review/appeal Legislation Cited: Legal Profession Uniform Law Application Regulation 2015, reg 40, reg 53 Cases Cited: John Christopher Gazecki v McCabes Lawyers Pty Limited [2019] NSWDC 566 Category: Costs Parties: Wei Wen Qin (plaintiff) Kaijun He (first defendant) View Land Properties Pty Ltd (second defendant) Representation: Counsel: Mr F Tao (first and second defendants)

Solicitors: Shen's Lawyers (first and second defendants) File Number(s): 2019/220446 Publication restriction: None Decision under appeal Court or tribunal: Costs Review Panel Jurisdiction: Civil Date of Decision: 13 May 2019 Before: John Lawrence Sharpe and John Anthony Levingston File Number(s): 2018/129519