Zheng v Australian International Aviation College Pty Ltd [2023] NSWSC 1165

Supreme Court New South Wales

Medium Neutral Citation: Zheng v Australian International Aviation College Pty Ltd [2023] NSWSC 1165 Hearing dates: 20 September 2023 Decision date: 28 September 2023 Jurisdiction: Equity - Commercial Arbitration List Before: Ball J Decision: The cross-claimant pay the cross-defendant's costs of the amended notice of motion filed on 14 July 2023 fixed in a gross sum of $38,480 Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis — Gross sum — Whether claimant acted unreasonably in opposing stay in favour of arbitration — Where both parties understood that the contract in question was governed by an arbitration clause — It was plain that the Court was required to refer the matter to arbitration — Costs recoverable as gross sum on an indemnity basis Legislation Cited: Commercial Arbitration Act 2010 (NSW) International Arbitration Act 1974 (Cth) Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Rosniak v Government Insurance Office (NSW) (1997) 41 NSWLR 608 Sewell v Zelden (No 2) [2010] NSWSC 1181 Category: Costs Parties: Hainan Airlines Holding Co Ltd (Applicant) Australian International Aviation College Pty Ltd (Respondent) Representation: Counsel: J Kennedy (Applicant) M Kalyk (Respondent)

Solicitors: Corrs Chambers Westgarth (Applicant) GSG Legal (Respondent) File Number(s): 2021/58010 Publication restriction: None