Noda Development Ltd v H & H Funding Pty Ltd (No 2) [2023] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: Noda Development Ltd v H & H Funding Pty Ltd (No 2) [2023] NSWSC 616 Hearing dates: On the papers Date of orders: 8 June 2023 Decision date: 08 June 2023 Jurisdiction: Equity - Commercial List Before: Darke J Decision: Costs orders made as set out at [41]. Catchwords: COSTS – indemnity costs – gross sum costs orders – where the plaintiff obtains judgments against defendants based on loan agreement – where loan agreement provides for costs to be paid on an indemnity basis – whether costs should be awarded on an indemnity basis – whether the award of costs on a gross sum basis is appropriate in all the circumstances – held that costs should be awarded on an indemnity basis and that gross sum costs orders should be made against defendants Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Corporations Act 2001 (Cth), s 500(2) Cases Cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Charlick Trading Pty Ltd v Australian National Railways Commission [2001] FCA 629 Chow v Chow (No 2) (2015) 18 BPR 35,385; [2015] NSWSC 1348 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Hamod v State of New South Wales [2011] NSWCA 375 In the matter of H&H Funding Pty Ltd [2022] NSWSC 1354 In the matter of Malosi Group Pty Ltd [2021] NSWSC 801 James v Australian and New Zealand Banking Group Limited [2016] NSWSC 833 Kyabram Property Investments Pty Ltd v Murray [2005] NSWCA 87 Noda Development Ltd v H & H Funding Pty Ltd [2023] NSWSC 305 Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 97 Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd [2019] NSWSC 1480 Category: Costs Parties: Noda Development Ltd (Plaintiff) H & H Funding Pty Ltd (First Defendant) Rui Hu (Second Defendant) Representation: Counsel: Ms J Mee (Plaintiff)