In the matter of Hoju Jobs Pty Ltd (No 2) [2021] NSWSC 407

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hoju Jobs Pty Ltd (No 2) [2021] NSWSC 407 Hearing dates: On the papers Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the contract be specifically performed in in accordance with the short minutes of order; order that the plaintiff, the first defendant and third defendant pay their own costs of these proceedings; order that the third defendant is to pay interest from the 9th June 2017 to 26 March 2021 in the amount of $58,294.50. Catchwords: COSTS – where plaintiff succeeded against only one of two remaining defendants with commons legal representation – where plaintiff unreasonably failed to accept a genuine compromise offered by unsuccessful defendant prior to commencement of proceedings – no issue of principle INTEREST – pursuant to Civil Procedure Act 2005 (NSW) on sum payable under contract ordered to be specifically performed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 98, 100 Uniform Civil Procedure Rules, rr 20.26, 42.1, 42.14, Part 42 Cases Cited: King Network Group Pty Ltd v Club of Clubs Pty Ltd (No. 2) [2009] NSWCA 204 Lowe v Lowe (No. 3) [2015] NSWSC 1800 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Hoju Jobs Pty Ltd [2021] NSWSC 302 Wong v Van Vlymen [2021] NSWSC 841 Ziegler as trustee for the Doris Gayst Testamentary Trust v Cenric Group Pty Ltd [2020] NSWCA 85 Ziliotto v Hakim [2013] NSWSC 359 Category: Costs Parties: Jay Koo Kim (Plaintiff) Hoju Jobs Pty Ltd CAN 612 771 945 (First Defendant) Yongseoki Choi (Second Defendant) Jin Seoung Goo (Third Defendant) Representation: Counsel: Mr D C Eardley (Plaintiff) Mr R J Pietriche (First, Second and Third Defendants)