Ye v Chen (No 2) [2021] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: Ye v Chen (No 2) [2021] NSWSC 1265 Hearing dates: 1 July 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court Orders: (1) I decline to vacate my prior order that the defendant pay the plaintiff's costs on an ordinary basis. (2) Both parties are to pay their own costs of their written submissions Catchwords: COSTS – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14, 42.5 Local Court Act 2007 (NSW), ss 39, 40 Cases Cited: Leichhardt Municipal Council v Green [2004] NSWCA 341 Oshlack v Richmond River Council (1998) 193 CLR 22 72 Ye v Chen [2021] NSWSC 1098 Ye v Chen [2021] NSWSC 272 Category: Costs Parties: Rebecca Ye (First Plaintiff) Ucer Investment and Resources Management Pty Ltd (Second Plaintiff) Yu Chen (Defendant) Representation: Counsel: A M Cheema (First and Second Plaintiff) J L Harrison (Defendant)

Solicitors: Musabbir Abdul Hassan (First and Second Plaintiff) Fei Wang (First Defendant) File Number(s): 2021/6370 Publication restriction: Nil

Judgment 1. HER HONOUR: On 31 August 2021, I delivered judgment in Ye v Chen [2021] NSWSC 1098. I made an order that Ms Chen's amended notice of motion filed 18 June 2021 be dismissed. I also made an order that the defendant pay the plaintiffs' costs on an ordinary basis. 2. The plaintiffs indicated that they wished to seek that their costs be paid on an indemnity basis. On 2 September 2021, I made orders that the plaintiff is to file further written submissions with regards to indemnity costs before 9 September 2021, and that the defendant is to do the same before 16 September 2021. I have now received those submissions.