Chen v Golden Land Enterprises Pty Ltd [2022] NSWSC 19

Supreme Court New South Wales

Medium Neutral Citation: Chen v Golden Land Enterprises Pty Ltd [2022] NSWSC 19 Hearing dates: 12, 27 October; 17, 29 November; 6 December 2021 Date of orders: 18 January 2022 Decision date: 18 January 2022 Jurisdiction: Equity Before: Parker J Decision: See [58]-[60] Catchwords: COSTS – interlocutory costs – costs thrown away by reason of amendments to the plaintiff's statement of claim – applications by defendants for immediate payment of sums on account and for a stay of the proceedings until payment is made – alleged stultification – Rozenblit v Vainer – defendants' applications successful, but stay refused – leave to amend conditional upon payment of costs Legislation Cited: Competition and Consumer Act 2010 (Cth) Sch 2 – Australian Consumer Law, ss 236, 243 Uniform Civil Procedure Rules 2005 (NSW), rr 42.7, 42.21 Cases Cited: Mete Corporation Group Pty Ltd v Sarina [2020] NSWSC 1304 Moustapha v Nelson (No 3) [2020] NSWSC 1263 Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401 Rhino Rack Australia Pty Ltd v Hub Computing Services Pty Ltd [2021] NSWSC 231 Rozenblit v Vainer (2018) 262 CLR 478 Salmon v Albarran (No 3) [2021] NSWSC 1200 Union Steel Pty Ltd v Union Steel Investments Pty Ltd [2020] NSWSC 1511 Wang v Cai (No 2) [2021] NSWSC 1268 Category: Costs Parties: Motion filed 31 July 2021 Golden Land Enterprises Pty Limited (Applicant/First Defendant) Yongqing Chen (Respondent/Plaintiff)