Chen v Gu; Chen v Nguyen (No 2) [2012] NSWSC 199

Supreme Court New South Wales

Medium Neutral Citation: Chen v Gu; Chen v Nguyen (No 2) [2012] NSWSC 199 Hearing dates: 28 February 2012 Decision date: 28 February 2012 Jurisdiction: Equity Division Before: Rein J Decision: 1. Order for indemnity costs against the first defendant in the 2007 proceedings. 2. Order for costs against the defendant in the 2009 proceedings on the usual basis up to 11 August 2011 and thereafter on an indemnity basis. Catchwords: PROCEDURE - costs - application for costs on an indemnity basis - conduct of first defendant considered - failure to accept a Calderbank offer

PROCEDURE - costs - consolidated proceedings - whether costs of plaintiff in pursuing Registrar General and defending cross claim of ex-wife should be ordered to be paid by solicitor found liable to plaintiff - whether plaintiff could recover his costs from Registrar General notwithstanding Registrar General's success on defence under s 129(2)(b) Real Property Act 1900 Legislation Cited: Real Property Act 1900 Cases Cited: Chen v Gu; Chen v Nguyen [2011] NSWSC 1622 Category: Consequential orders Parties: Hao Chen (plaintiff) Hui Qin Gu (first defendant in the 2007 proceedings) Registrar General of New South Wales (second defendant in the 2007 proceedings) Van Uu (Warren) Nguyen (defendant in the 2009 proceedings) Representation: Counsel: D A Smallbone (plaintiff) G Sirtes SC (second defendant in the 2007 proceedings) Solicitors: Austin Haworth & Lexon Legal (Sydney) (plaintiff) Legal Services (second defendant in the 2007 proceedings) HWL Ebsworth Lawyers (defendant in the 2009 proceedings) File Number(s): SC 2007/254839; 2009/290968