Ye v Chen (No 2) [2023] NSWCA 9

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ye v Chen (No 2) [2023] NSWCA 9 Hearing dates: On the papers Date of orders: 14 February 2023 Decision date: 14 February 2023 Before: Macfarlan JA: Meagher JA; Mitchelmore JA Decision: (1) Ms Chen's solicitors forthwith pay $93,746.31 to Ms Yu Chen, or at her direction, from the monies held in their trust account pursuant to the orders made by Beech-Jones J on 22 March 2021 in full satisfaction of the judgment given by Stapleton LCM on 11 December 2022 in the amount of $83,215.85 for Ms Chen against Ms Rebecca Haria Ye and Ucer Investment and Resources Management Pty Limited and interest after judgment on that judgment sum pursuant to s 101 of the Civil Procedure Act 2005 (NSW). (2) The Court notes that the sum of $93,746.31 does not include any amount in satisfaction of the costs orders made by Stapleton LCM, the costs orders form part of the judgment and the costs orders are not satisfied. (3) Otherwise dismiss Ms Chen's notice of motion. (4) Make no orders as to the costs of Ms Chen's notice of motion. Catchwords: COSTS — Court of Appeal — variation of costs order — whether non-acceptance of offer of compromise warranted departure from ordinary cost consequences — offer held not to be a genuine offer of compromise as no evidence to suggest successful party incurred significant appeal costs prior to making offer Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), Pt 42, Div 3, r 51.51 Cases Cited: Leach v Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Category: Costs Parties: Yu Chen (Applicant on motion) Rebecca Haria Ye (Respondent on motion) Representation: Counsel: J L Harrison (Applicant) A Ogborne (Respondent)