Huang v 18 Woodville Holding Pty Ltd; Tao v 18 Woodville Holding Pty Ltd (No 2) [2023] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v 18 Woodville Holding Pty Ltd; Tao v 18 Woodville Holding Pty Ltd (No 2) [2023] NSWCA 207 Hearing dates: On the papers Date of orders: 04 September 2023 Decision date: 04 September 2023 Before: Meagher JA; Kirk JA; Griffiths AJA Decision: In proceeding 2022/240885 (1) Dispense with the requirement in Uniform Civil Procedure Rules 2005 (NSW) r 18.2(1) for the filing of a notice of motion by the first respondent (18 Woodville) in respect of its application under r 36.16(3A) to vary the costs orders made on 15 February 2023. (2) Set aside order 3 of the orders made on 15 February 2023 to the extent only that it applies to 18 Woodville. (3) Order that the appellants pay 18 Woodville's costs of the appeal on the ordinary basis until 15 September 2022 and on an indemnity basis on and from 16 September 2022. (4) Order that the appellants pay 18 Woodville's costs of this application. In proceeding 2022/240730 (1) Dispense with the requirement in Uniform Civil Procedure Rules 2005 (NSW) r 18.2(1) for the filing of a notice of motion by the first respondent (18 Woodville) in respect of its application under r 36.16(3A) to vary the costs orders made on 15 February 2023. (2) Set aside order 3 of the orders made on 15 February 2023 to the extent only that it applies to 18 Woodville. (3) Order that the appellants pay 18 Woodville's costs of the appeal on the ordinary basis until 15 September 2022 and on an indemnity basis on and from 16 September 2022. (4) Order that the appellants pay 18 Woodville's costs of this application. Catchwords: COSTS – party/party – offers of compromise – application under r 36.16(3A) to vary costs order – party seeking to vary costs order gives notice of application to Court and the other parties within 14 days – order made dispensing with filing of notice of motion – costs order varied Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Real Property Act 1900 (NSW), s 42(1)(d) Uniform Civil Procedure Rules 2005 (2005), rr 18.2(1), 20.26, 36.36, 42.13, 42.14, 42.15, 51.47, 51.48, 51.49 Cases Cited: Bonanno v Finamore (No 2) [2023] NSWCA 24 Eliezer v The Council of St Andrew's Cathedral School (No 2) [2021] NSWCA 227 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor (No 2) [2021] NSWCA 98 Category: Principal judgment Parties: Xiuzhen Huang (First Appellant, proceeding 2022/240730) Reynold Zhou (Second Appellant, proceeding 2022/240730) Zhe Tao (First Appellant, proceeding 2022/240885) Jianmin Tao (Second Appellant, proceeding 2022/240885) 18 Woodville Holding Pty Ltd (First Respondent) Hua Cheng International Holdings Group Pty Ltd (in liq) (Second Respondent) Registrar General of New South Wales (Third Respondent) Representation: Counsel: