Shao v Crown Global Capital Pty Limited (No 2) [2023] NSWSC 1114

Supreme Court New South Wales

Medium Neutral Citation: Shao v Crown Global Capital Pty Limited (No 2) [2023] NSWSC 1114 Hearing dates: On the papers Decision date: 14 September 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: Application to vary order 2 of the orders made on 14 July 2023 is dismissed Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Where defendants succeeded on the basis of a defence raised shortly before the hearing in an amended list response — Whether defendants are entitled to costs prior to the filing of the amended defence — Where no evidence that the proceedings would have been conducted any differently had the defence been raised earlier — The defence deprived the plaintiff of a claim not relief in respect of an admitted breach — Not within an exception to the rule that costs follow the event Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bonic v Pacific General Security Limited [2009] NSWSC 1221 Ciaglia v Ciaglia [2010] NSWSC 723 David v Abdishou [2007] NSWSC 890 Harrington v Greenwood Grove Estate Pty Ltd (No 2) [2011] NSWSC 1598 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568 Murrihy v Radio 2UE Sydney Pty Limited [2000] NSWSC 318 Shao v Crown Global Capital Pty Limited [2023] NSWSC 820 Williamson v Bors (1900) 21 LR (NSW) Eq 302 Category: Costs Parties: Yakun Shao (Plaintiff) Crown Global Capital Pty Ltd (First Defendant) Crown Group Holdings Pty Ltd (Second Defendant) Representation: Counsel: J Horowitz (Plaintiff) SA Lawrance SC with C Ernst (Defendants)