Shi v Zhong (No.2) [2021] NSWDC 466

District Court New South Wales

Medium Neutral Citation: Shi v Zhong (No.2) [2021] NSWDC 466 Hearing dates: On the papers Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Vary orders 1 of the orders dated 17 August 2021 to include interest of $22,273.91 in the judgment sum, making a total of $246,521.69 (2) Vary order 2 of the orders dated 17 August 2021 to provide that the defendant pay the plaintiff's costs in the gross sum of $19,930.36. Catchwords: COSTS – application for gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) – indemnity costs sought on the basis of an offer of compromise – interest on judgment sum – no issue of principle Legislation Cited: Uniform Civil Procedure Act 2005 (NSW) ss 98(4) and 100(1) and 100(2) Uniform Civil Procedure Rules 2005 (NSW) r 42.14(2) Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 Sedgwick v Varzonek (No. 3) [2015] NSWSC 1982 Shi v Zhong [2021] NSWDC 419 Texts Cited: Practice Note District Court (Civil) No. 15 Category: Costs Parties: Plaintiff: Mr Yongcheng Shi

Defendant: Mr Chen Zhong Representation: Solicitors: Plaintiff: Juris Chamber Lawyers File Number(s): 2020/00253476

Judgment 1. The plaintiff was successful in proceedings against the defendant, the guarantor of a lease, and was awarded $224,247.78: Shi v Zhong [2021] NSWDC 419. I made an order for costs to follow the event, with liberty to apply concerning costs and interest. 2. Pursuant to that leave, the plaintiff seeks an order pursuant to s 98(4) of the Uniform Civil Procedure Act 2005 (NSW)("the Act") and Uniform Civil Procedure Rules 2005 (NSW)("UCPR") for a gross sum costs order as well as for interest on the judgment sum.