Shun Sheng Pty Ltd v Lei (No 6) [2024] NSWSC 1613

Supreme Court New South Wales

Medium Neutral Citation: Shun Sheng Pty Ltd v Lei (No 6) [2024] NSWSC 1613 Hearing dates: 25 November 2024 Date of orders: 25 November 2024 Decision date: 16 December 2024 Jurisdiction: Equity Before: Parker J Decision: See [57] Catchwords: COSTS — party/party — protracted proceedings arising out of terminated partnership — multiple claims between various parties — general costs follow the outcome of the partnership claim — other costs follow the event on a claim-by-claim basis — purported "Calderbank" offers made by defendant's solicitors rejected as a matter of form and substance — application for indemnity costs refused Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Calderbank v Calderbank [1975] 3 ALL ER 333 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Shazbot Pty Ltd v Warner Capital Pty Ltd (No 6) [2024] NSWSC 81 Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176 Shun Sheng Pty Ltd v Lei (No 5) [2024] NSWSC 1109 Texts Cited: Nil Category: Costs Parties: Principal proceedings Shun Sheng Pty Limited (First Plaintiff) Sunshine Island (Aust) Pty Limited (Second Plaintiff) Xue Feng Wei (Third Plaintiff) Jun Lei (First Defendant) Theo Kitsos (Second Defendant)

Cross-Claim: Jun Lei (First Cross-Claimant) Theo Kitsos (Second Cross-Claimant) Shun Sheng Pty Limited (First Cross-Defendant) Xue Feng Wei (Second Cross-Defendant) Representation: Counsel: D Allen (Plaintiffs/Cross-Defendants) M S White SC/ B Adam (Defendants/Cross-Claimants)