Sui v Jiang and Anor (No. 2) [2021] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: Sui v Jiang and Anor (No. 2) [2021] NSWSC 572 Hearing dates: On the papers Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Common Law Before: Johnson J Decision: (a) The Plaintiff is to pay 50% of the costs of the proceedings of the Defendants calculated on the ordinary basis up to 30 April 2021.

(b) The interlocutory costs order made in favour of the Plaintiff on 22 October 2020 is revoked.

(c) The Defendants are to pay the Plaintiff's costs, calculated on the ordinary basis, with respect to the costs issue determined on written submissions furnished after 30 April 2021. Catchwords: COSTS – determination of costs issues following final hearing of civil claim – Defendants succeed on merits – earlier significant breaches by Defendants of statutory duty under s.56(3) Civil Procedure Act 2005 – interlocutory indemnity costs order made in favour of Plaintiff – whether appropriate order to resolve all costs issues is that Plaintiff should pay 50% of costs of Defendants on ordinary basis – held order to that effect just and proportionate – order made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Richards v Cornford (No. 3) [2010] NSWCA 134 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Sui v Jiang and Anor (unreported, 22 October 2020) Sui v Jiang and Anor [2021] NSWSC 435 Texts Cited: --- Category: Costs Parties: Guangyi Sui (Plaintiff) Zhaoquing Jiang (First Defendant) Australian Fulin Agriculture Pty Limited (Second Defendant) Representation: Counsel: Mr MW Young SC (Plaintiff) Dr E Peden SC; Ms MJH Waters (Defendants)