Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 3) [2010] NSWSC 558

New South Wales Supreme Court

CITATION : Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 3) [2010] NSWSC 558

HEARING DATE(S) : Written submissions

JUDGMENT DATE : 31 May 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) Order (iii) of 26 February 2010, in this matter, be set aside;

DECISION : (ii) The second and third defendants pay the plaintiffs' costs of and incidental to the notice of motion filed 21 August 2009, as agreed or assessed;

(iii) To the extent not otherwise determined, the aforesaid notice of motion is dismissed.

CATCHWORDS : COSTS – notice of motion for discovery – plaintiffs successful or substantially successful – no reason to depart from ordinary order that costs follow the event and be payable at conclusion of proceedings – costs orders made

LEGISLATION CITED : Civil Procedure Act 2005

CATEGORY : Consequential orders

CASES CITED : Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72

Yi Lin Zhu (First Plaintiff) Lei Jiang (Second Plaintiff) PARTIES : Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (First Defendant) Qin Fen Dai (Second Defendant) Carter Bai (Third Defendant)

FILE NUMBER(S) : SC 20211/2008

A Di Francesco (Plaintiffs) COUNSEL : No appearance (First Defendant) M A McDonogh (Second Defendant / Third Defendant)

Thomson Playford Cutlers Lawyers (Plaintiffs) SOLICITORS : No appearance (First Defendant) Colin Biggers & Paisley Lawyers (Second Defendant / Third Defendant)