The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu (No 2) [2021] NSWDC 98

District Court New South Wales

Medium Neutral Citation: The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu (No 2) [2021] NSWDC 98 Hearing dates: 11 February and 26 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders (1) The plaintiffs pay the first defendant's legal costs of and incidental to the proceedings on an indemnity basis and, for the period of time for which the first defendant has represented himself, pay his disbursements on an indemnity basis. (2) The plaintiffs pay the third defendant's legal costs of and incidental to the proceedings on an indemnity basis. Catchwords: COSTS – plaintiffs make seven attempts to plead a defamation claim over a three-year period without being able to formulate their claims – two applications for summary dismissal, the second of which is successful – defendants seek indemnity costs on the basis of Calderbank offers and/or s 40 Defamation Act 2005 (NSW) – defendants alternatively seek indemnity costs on the basis of the plaintiffs' asserted delinquent conduct of the litigation – indemnity costs awarded Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 - 62 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Ghosh v Ninemsn [2015] NSWCA 334 Hynde v Nationwide News [2012] NSWCA 349 Jones v Bradley (No 2) [2003] NSWCA 258 Mickle v Farley [2013] NSWDC 295 Mohareb v Booth [2020] NSWCA 49 Templar v Watt [2014] NSWSC 937 The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu [2020] NSWDC 786 Category: Costs Parties: Plaintiffs: The Sydney Cosmetic Specialist Clinic Pty Ltd (First Plaintiff) Siew Yi Lee(Second Plaintiff)