Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd (No 2) [2021] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd (No 2) [2021] NSWSC 1202 Hearing dates: On the papers; submissions received 25 August, 6 and 10 September 2021 Decision date: 22 September 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff and funder to pay first defendant's costs on ordinary basis until 7 April 2021 and on an indemnity basis thereafter. Funds paid into Court as security for costs to be paid out to defendants. Catchwords: COSTS – indemnity costs – offer of compromise –reasonableness of rejection – where plaintiff accepts its failure to accept second offer enlivens first defendant's entitlement to indemnity costs COSTS – against non-parties – litigation funder – whether litigation funder should pay first defendant's costs COSTS – whether funds in court should be paid out to first defendant pending assessment of its costs Legislation Cited: Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Buzzle Operations Pty Ltd (in liq) v Apple Computer Australia Pty Ltd (No 2) [2010] NSWSC 490 Carter v Caason Investments Pty Ltd [2016] VSCA 236 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Gore v Justice Corp Pty Ltd (2002) 119 FCR 429; [2002] FCA 354 Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd [2021] NSWSC 931 Mendonca v Tonna (No 3) [2020] NSWCA 332 Raad v VM & KTP Holdings Pty Ltd atf VM & KTP Nguyen Family Trust (No 2) [2016] NSWSC 1233 Summer Hill Business Estate Pty Ltd v Equititrust Ltd [2011] NSWCA 211 Yu v Cao (2016) 91 NSWLR 190; [2015] NSWCA 276 Category: Costs Parties: Jin Lian Group Pty Ltd (in liq) (Plaintiff) ACapital Finance Pty Ltd (First Defendant) Australia Capital Investment Management Pty Ltd (Second Defendant) Premier Litigation Funding Pty Ltd (Interested Party) Representation: Counsel: J Hutton (First Defendant) N Furlan (Second Defendant) N M Bender (Interested Party)