Zhu v Wang (No 2) [2022] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zhu v Wang (No 2) [2022] NSWCA 105 Hearing dates: On the papers Date of orders: 23 June 2022 Decision date: 23 June 2022 Before: Gleeson JA; Payne JA; Emmett AJA Decision: (1) The first, second and third defendants to pay the plaintiff's costs of and incidental to the proceedings at first instance. (2) The plaintiff to pay the fourth and fifth defendants' costs of the proceedings at first instance. (3) The appellants to pay the respondents' costs thrown away by reason of the further amended notice of appeal dated 25 August 2021 and filed 14 October 2021. (4) Subject to order (3) above, make no order as to the costs of the appeal. Catchwords: COSTS – application for order as to costs at first instance following outcome on appeal – costs of appeal – costs of late amendment to notice of appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 42.1 Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Zhu v Wang [2021] NSWCA 240 Zhu v Wang [2022] HCASL 32 Category: Costs Parties: Lucy Zhu (First Appellant) HQ Living Pty Ltd (Second Appellant) De Rucci Bundall Pty Ltd (Third Appellant) HQ Living (Moore Park) Pty Ltd (Fourth Appellant) HQ Bedding Pty Ltd (Fifth Appellant) Bing Kun Wang (First Respondent) De Rucci International Pty Ltd (Second Respondent) Representation: Counsel: First Appellant (litigant in person, and on behalf of the second, third, fourth and fifth appellants) G P Gee (Respondents)