Yu v H&J Aus Trading Pty Ltd [2020] NSWSC 1843

Supreme Court New South Wales

Medium Neutral Citation: Yu v H&J Aus Trading Pty Ltd [2020] NSWSC 1843 Hearing dates: 16 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. By consent, set aside order 1 made by the Registrar on 5 August 2020. 2. Otherwise confirm orders 2, 3 and 4 made by the Registrar on 5 August 2020. 3. Dismiss the first defendant's notice of motion filed 3 September 2020. 4. The first defendant is to pay the plaintiff's costs of the notice of motion. Catchwords: COSTS - party/party – preliminary discovery – where Registrar ordered preliminary discovery against two parties – where review of Registrar's decision sought by one party – where after hearing of review application defendant made offer to provide documents - whether offer amounted to surrender - where defendant did not provide any explanation of what changed to explain why offer was eventually made - where plaintiff's position remained unchanged throughout - where plaintiff entitled to costs of the notice of motion to review the Registrar's decision Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 5.2, 5.3 Cases Cited: Kiama Council v Grant [2006] NSWLEC 96; 143 LGERA 441 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 626 Texts Cited: Nil Category: Costs Parties: Jian Yu (Plaintiff) H&J Aus Trading Pty Ltd (First Defendant) National Australia Bank Limited (Second Defendant) Representation: Counsel: N Furlan (Plaintiff) M Heath (First Defendant) No appearance - excused (Second Defendant)