Keynes Capital Global Limited v Guo (No 2) [2020] NSWCA 336

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keynes Capital Global Limited v Guo (No 2) [2020] NSWCA 336 Hearing dates: On the papers Date of orders: 16 December 2020 Decision date: 16 December 2020 Before: Bell P; Meagher JA; Payne JA Decision: 1. Order that the costs the subject of this Court's order of 18 August 2020 be payable forthwith. 2. Order that the applicants pay the respondent's costs of the notice of motion dated 6 October 2020, such costs also to be payable forthwith. Catchwords: COSTS – whether costs of an application for leave to appeal in relation to a question of discovery should be ordered to be paid forthwith – where application for leave to appeal unsuccessful – whether an "order otherwise" under Uniform Civil Procedure Rules 2005 (NSW) r 42.7 was necessary and, if so, criteria by reference to which it may be made. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.7 Cases Cited: Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd [2014] NSWSC 1141 Collier v Country Women's Association of New South Wales [2017] NSWCA 303 Distinctive FX 9 Pty Limited v Statewide Developments Pty Limited [2012] NSWCA 393 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No 2) [2007] NSWCA 142 Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31 Category: Costs Parties: Keynes Capital Global Limited (First Applicant) General Energy International Holdings Limited (Second Applicant) Hui Guo (Respondent) Representation: Counsel: E Bathurst (Applicants) E A J Hyde (Respondent)