Chao v Chao (No 4) [2008] NSWSC 1413

New South Wales Supreme Court

CITATION : Chao v Chao (No 4) [2008] NSWSC 1413

HEARING DATE(S) : 9 December 2008 JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 9 December 2008

DECISION : Plaintiff to pay defendant's costs of motion for leave to reopen. Defendant to pay two-thirds of plaintiff's costs of proceedings, including the reopened hearing and affidavits filed and served in connection with it

CATCHWORDS : PROCEDURE – costs – departing from the general rule – application by unsuccessful defendant – where several offers of compromise made but not in accordance with the (NSW) Uniform Civil Procedure Rules – relevance of such offers to exercise of discretion in respect of costs – where defendant achieved substantial success in part of cross-claim – whether costs should reflect defendant's success on particular issues - PROCEDURE – costs – interlocutory proceedings – costs in respect of defendant's application to reopen main proceeding – where plaintiff unsuccessfully opposed reopening but defendant required indulgence from the Court – where plaintiff contributed to necessity for reopening – relevant considerations - PROCEDURE – costs – whether sum payable by plaintiff to defendant should be paid into court pending assessment of costs payable by defendant to plaintiff

CATEGORY : Consequential orders

Baker v Towle [2008] NSWCA 73 CASES CITED : Dunstan v Rickwood (No 2) [2007] NSWCA 266 Hayes v Maquis [2008] NSWCA 10 Kardos v Sarbutt (No 2) [2006] NSWCA 206

PARTIES : Ping Jung Chao (plaintiff) Sheng-Chun Chao (defendant)