Nature’s Care Holdings Pty Ltd v Chen (No 4) [2024] NSWSC 379

Supreme Court New South Wales

Medium Neutral Citation: Nature's Care Holdings Pty Ltd v Chen (No 4) [2024] NSWSC 379 Hearing dates: 3 April 2024; further written submissions 5 and 9 April 2024 Decision date: 11 April 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Third party costs order to be made; the plaintiffs' and the third parties' obligations to be joint and several; subject to the first and second defendants providing an undertaking to the effect at [54], such costs be payable forthwith Catchwords: COSTS – third party costs order – whether majority shareholders of plaintiff companies should pay costs of unsuccessful application for interim injunction – whether majority shareholders and plaintiffs should be jointly and severally liable for costs – whether those costs should be assessed and payable forthwith Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carter v Caason Investments Pty Ltd [2016] VSCA 236 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50 Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39; [2005] 4 All ER 195 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 2) [2019] NSWSC 463 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd (No 2) [2020] NSWSC 1222 Nature's Care Holdings Pty Ltd v Chen (No 2) [2024] NSWSC 107 Nature's Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 245 Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31 Payton Securities Pty Ltd v Bertacco Ferrier Pty Ltd (No 2) [2023] VSC 456 Vestris v Cashman (1998) 72 SASR 449 Yu v Cao (2015) 91 NSWLR 190; [2015] NSWCA 276 Texts Cited: Practice Note SC Eq 3 Category: Costs Parties: Nature's Care Holdings Pty Limited (First Plaintiff) Nature's Care Group Pty Limited (receivers appointed) (Second Plaintiff) AJ & Son Investment Pty Limited (receivers appointed) (Third Plaintiff) Nature's Care Manufacture Pty Limited (Fourth Plaintiff) Nature's Care Global Franchising Pty Limited (Fifth Plaintiff) Australia Nature's Care Biotech Co. Ltd (Sixth Plaintiff) Jina Chen (First Defendant) Michael Wu (Second Defendant) AS Investment Vehicle Pty Limited (Third Defendant) JIC Nature Capital Pte Ltd (First Respondent) Tamar Alliance Health Ltd (Second Respondent) Representation: Counsel: I J King (First, Fourth, Fifth and Sixth Plaintiffs) J Hynes (Receivers of the Second and Third Plaintiffs) A Horvath SC / P Afshar / R K Jameson (First and Second Defendants) D L Williams SC / N D Riordan (Third Defendant) M R Elliott SC (Respondents)