Ye v Chen (No 2) [2022] NSWSC 630

Supreme Court New South Wales

Medium Neutral Citation: Ye v Chen (No 2) [2022] NSWSC 630 Hearing dates: On the papers Decision date: 20 May 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Subject to orders (2) and (3) below, order the plaintiffs to pay the defendant's costs of the proceedings, such costs to be paid on the ordinary basis. (2) Confirm that order (1) above does not affect the orders for costs made by Harrison AsJ on 31 August 2021 and 6 October 2021 in Ye v Chen (No 2) [2021] NSWSC 1265. (3) Each party pay her or its (as the case may be) own costs of this application. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise — whether to follow UCPR r 42.15A to order indemnity costs or order otherwise — where circumstances such that court ought to order otherwise — where costs awarded on an ordinary basis only Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 20.26, 42.15A Cases Cited: Ye v Chen [2022] NSWSC 494 Ye v Chen (No 2) [2021] NSWSC 1265 Category: Costs Parties: Rebecca Haria Ye (First Plaintiff) Ucer Investment and Resources Management Pty Ltd (Second Plaintiff) Yu Chen (Defendant) Representation: Counsel: A Cheema (Plaintiffs) J Harrison (Defendant)

Solicitors: Auburn Lawyers (Plaintiffs) Prudentia Legal (Defendant) File Number(s): 2021/6370 Decision under appeal Court or tribunal: Local Court Date of Decision: 11 December 2020 Before: Stapleton LCM File Number(s): 2018/215879