Yu v Yu (No 2) [2021] NSWSC 26

Supreme Court New South Wales

Medium Neutral Citation: Yu v Yu (No 2) [2021] NSWSC 26 Hearing dates: On the papers Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Equity - Family Provision List Before: Williams J Decision: No variation to the costs order contained in order 4 of the orders made on 22 December 2020. Catchwords: COSTS – application for indemnity costs – whether respondent's opposition to motion had no reasonable prospects of success – where grounds of arguments rejected at hearing were not clearly articulated prior to hearing – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.5 Cases Cited: Colgate-Palmolive Pty Ltd v Cussons (1993) 46 FCR 225 Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Yu v Yu [2020] NSWSC 1904 Category: Costs Parties: Kai Yu (Plaintiff/Cross-Defendant/Respondent) Ying-Hsun Yu (First Defendant/First Cross-Claimant/First Applicant) Attorney General of New South Wales (Second Defendant) Jau-Shinne Loue (Second Cross-Claimant/Second Applicant) Representation: Counsel: Mr R Stoyef, solicitor (Plaintiff/Cross-Defendant/Respondent) Ms N Obrart (First Defendant/First Cross-Claimant/First Applicant and Second Cross-Claimant/Second Applicant) Dr C Mantziaris (Second Defendant)

Solicitors: Robert Stoyef (Plaintiff/Cross-Defendant/Respondent) David Kam & Co Solicitors (First Defendant/First Cross-Claimant/First Applicant and Second Cross-Claimant/Second Applicant) NSW Crown Solicitor's Office (Second Defendant) File Number(s): 2015/190851 Publication restriction: N/A