Huang v Muse Beauty Salon Waterloo Pty Ltd (No 5); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 5) [2022] NSWDC 248

District Court New South Wales

Medium Neutral Citation: Huang v Muse Beauty Salon Waterloo Pty Ltd (No 5); Muse Beauty Salon Waterloo Pty Ltd v Huang (No 5) [2022] NSWDC 248 Hearing dates: 17 June 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The Huang interests' applications for special costs orders are dismissed; (2) Order 3 made on 7 April 2022 is varied, such that in matter 2018/00117938, the defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed, reduced by 15%; (3) Order 6 made on 7 April 2022 is varied such that in matter 2018/00364820, the plaintiffs are to pay the defendants' costs of the proceedings as agreed or assessed, reduced by 15%. (4) The Huang interests are to pay 60% of the costs of the Xie interests of the applications as agreed or assessed. (5) In the event a party seeks a different costs order to that in (4) above, written submissions not exceeding three pages are to be filed within three days. The Court will determine the matter on the papers. Catchwords: COSTS – Calderbank letter – further oral offer – whether indemnity costs should be awarded against the unsuccessful parties – whether conduct of litigation justifies indemnity costs order – whether lump sum costs order should be made – whether plaintiffs' costs should be reduced – lengthy final hearing – numerous factual disputes - significant disproportion between costs and amounts in dispute – lengthy cross-examination of witnesses and numerous affidavits – extensive evidential disputes – consideration of general principles relating to costs Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law 2014 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v Keanes (No 2) [2019] NSWDC 765 Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Calderbank v Calderbank [1975] 3 All ER 333 Carter v Mehmet (No 3) [2022] NSWCA 64 Della Franca v Lorenzato (No 2) [2022] NSWCA 53 Huang v Muse Beauty Salon Waterloo Pty Ltd (No 4) [2022] NSWDC 106 Hutley v Costco (No 2) [2021] NSWCA 335 James v Australia and New Zealand Banking Group Ltd [2017] NSWCA 84 Jones v Sutton (No 2) [2005] NSWCA 203 Lollis v Loulatzis (No 2) [2008] VSC 35 at [27]-[29] Lu v Minter (No 4) [2022] NSWDC 127 McInnes v Rheem Australia Pty Ltd [2021] NSWCA 89 Moseley v AB (No 2) [2017] NSWSC 1812 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 SAB Closed 1 Pty Ltd v Bees & Honey Pty Ltd [2015] NSWSC 1162 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No 3) [2021] NSWCA 160 Category: Costs Parties: 2018/00117938 Yi-Ching Huang (Plaintiff) Muse Beauty Salon Waterloo Pty Ltd (First Defendant) Kailing Xie (Second Defendant) Yuling Bai (Third Defendant)