In the matter of Wan Ze Property Development (Aust) Pty Limited (in liquidation) [2013] NSWSC 395

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wan Ze Property Development (Aust) Pty Limited (in liquidation) [2013] NSWSC 395 Hearing dates: 10 December, 14 and 15 February 2013 Decision date: 19 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Plaintiffs to pay the costs of the defendants as agreed or assessed. Catchwords: PROCEDURE - Costs - General rule costs follow the event - Principles applicable under r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) - Whether general rule should not apply as "benefit" already obtained from judgment - Whether only one set of costs should be allowed. Legislation Cited: - Corporations Act 2001 (Cth) s 471B - Civil Procedure Act 2005 (NSW) s 98(1) - Uniform Civil Procedure Rules 2005 (NSW) rr 6.24, 6.27, 42.1 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: - Milne v Attorney-General (Tas) [1956] HCA 48; (1956) 95 CLR 460 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Wan Ze Property Development (Aust) Pty Ltd [2012] NSWSC 722 - Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Category: Costs Parties: Ke Qin Ren (First Plaintiff) Pei Xu (Second Plaintiff) Yi Cheng Jiang (Third Plaintiff) Gloconnect Pty Limited (Fourth Plaintiff) Wan Ze Property Development (Aust) Pty Limited (in liquidation) (First Defendant) Hong Jiang (Second Defendant) Yong An Xie (Third Defendant) Representation: Counsel: F.M. Douglas QC/M.R. Ellicott (Plaintiffs) D.C. Eardley (First Defendant) D.A. Smallbone (Second and Third Defendants) Solicitors: James Lee & Co (Plaintiffs) Downeys Lawyers (First Defendant) Austin Haworth Lexon (Second and Third Defendants) File Number(s): 12/304559