In the matter of Sunnya Pty Ltd [2024] NSWSC 686

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sunnya Pty Ltd [2024] NSWSC 686 Hearing dates: On the papers Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See below at [4]. Catchwords: COSTS — Where judgment delivered determining all questions other than quantum — Whether costs in respect of the proceedings to date should be deferred until after the determination of quantum where the parties have incurred significant costs to date — Held: determination of costs not deferred COSTS — Whether costs should be apportioned between claims where there has been a mixed outcome in the proceedings — Where two claims in respect of which plaintiffs failed were significant claims and separable from the balance of the claims — Where balance of claims interrelated and plaintiffs succeeded overall — Held: costs apportioned COSTS – Whether the defendants should pay the plaintiffs' costs on an ordinary or indemnity basis — Where some defendants relied on fabricated documents and false evidence and caused delay during the hearing — Where such conduct increased the plaintiffs' costs — Held: costs payable by those defendants on an indemnity basis Legislation Cited: Conveyancing Act 1919 (NSW) s 37A Cases Cited: Baller Industries Pty Ltd v Mero Mero Leasing Pty Ltd [2019] NSWSC 1067 Bostik Australia Pty Ltd v Liddiard (No. 2) [2009] NSWCA 304 In the matter of Sunnya Pty Ltd [2024] NSWSC 403 JR Consulting & Drafting Pty Ltd v Cummings [2015] NSWSC 10 Oikos Constructions Pty Ltd v Ostin (No. 2) [2021] NSWCA 98 Re Horizons (Asia) Pty Ltd [2022] NSWSC 52 Texts Cited: N/A Category: Costs Parties: 2022/329426 Sunnya Pty Ltd (First Plaintiff/Cross-Defendant on First Cross Claim/Cross-Defendant on Second Cross Claim) Jatcorp Limited (Second Plaintiff) Yinghan He (First Defendant/First Cross-Claimant on Second Cross Claim) Yanxia Lu (Second Defendant/Second Cross-Claimant on Second Cross Claim) Guangzhou Aotea Biological Technology Pte Ltd (Third Defendant/Cross-Claimant on First Cross Claim) Guangzhou Niurui Trading Co., Ltd (Fourth Defendant) Sunlife Healthfood Pty Ltd (Fifth Defendant) Yaqing He (Sixth Defendant) HLW Investments Pty Ltd (Seventh Defendant) Supermega Market Ltd (Eighth Defendant) Megadairy Ltd (Ninth Defendant) NZFDA Limited (NZ) (Tenth Defendant)