Xu v Jinhong Design & Constructions Pty Ltd (No 2) [2011] NSWCA 333

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Xu v Jinhong Design & Constructions Pty Ltd (No 2) [2011] NSWCA 333 Hearing dates: On the papers Decision date: 02 November 2011 Before: Basten JA at [1] Macfarlan JA at [2] Sackville AJA at [12] Decision: (1) Order that the respondent pay the appellants' costs of the appeal. (2) Direct that the making of orders concerning the costs thus far incurred at first instance be the subject of consideration at the further trial to be held pursuant to the remitter directed on 8 September 2011. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - costs of appeal - multiple issues - whether points upon which appellant was unsuccessful constituted dominant or separable issues for the purpose of considering costs orders

COSTS - respondent's contract claim remitted to the Common Law Division for further trial - whether Court should make orders in respect of costs incurred at first instance - costs incurred at first instance to be considered at the further trial Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Category: Costs Parties: Yi Nuo Xu (First Appellant) Cheng En Zhu (Second Appellant) Jinhong Design & Constructions Pty Ltd (Respondent) Representation: Counsel: B W Rayment QC/D A Smallbone/J M Baxter (Appellants) J J Garnsey QC/C Moschoudis (Respondent) Solicitors: Pancific Legal (Appellants) Ren Zhou Lawyers (Respondent) File Number(s): CA 2007/260539 Decision under appeal Citation: Jinhong Design & Constructions Pty Limited v Xu and Anor [2010] NSWSC 523 Before: Johnson J File Number(s): SC 2007/260539