Zeng v Mossensons Pty Limited (No 2) [2013] NSWSC 1508

Supreme Court New South Wales

Medium Neutral Citation: Zeng v Mossensons Pty Limited (No 2) [2013] NSWSC 1508 Hearing dates: 25 June 2013 Decision date: 17 October 2013 Jurisdiction: Equity Division Before: Robb J Decision: 1. Subject to order 2, the costs of the plaintiffs' application for summary judgment made in their notice of motion filed on 1 May 2013 will be the third to seventh defendants' costs in the cause. 2. The third to seventh defendants must pay the plaintiffs' costs of the hearing of the notice of motion on the second day of the hearing in any event (so that those costs will not be part of the third to seventh defendants' costs in the cause). Catchwords: COSTS ORDER - costs order where application for summary judgment in Commercial List dismissed - circumstances surrounding application for summary judgment - discretion of court to award costs - effect of defendants' conduct in relation to the application. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Crown in the right of the State of New South Wales v Gevaux [2011] NSWSC 758 General Steel Industries Inc v Commissioner for Railways (NSW)(1964) 112 CLR 235 GPT Management Ltd v Spa Heaven Pty Ltd & Ors [2005] NSWSC 1043 Harry Smith Car Sales Pty Ltd v Claycom Vegetable Supply Co Pty Ltd (1978) 29 ACTR 21 Imperial Tarmacadam and Ashphalting Company Pty Ltd v St George Bank Limited [2009] NSWSC 1287 Ridgepoint Corporation Pty Ltd v McCallum Donovan Sweeney (a firm) [2011] WASC 167 (S) Westpac Banking Corporation v Billgate Pty Ltd [2012] NSWSC 1447 Whitehall Holdings Pty Ltd v Custom Credit Corporation Ltd (Supreme Court of Western Australia, 19 June 1992, unreported) Zeng v Mossensons Pty Limited [2013] NSWSC 1206 Category: Costs Parties: Zeng Zhao Qin (First Plaintiff) Shandong Tianye Mining Co Limited (Second Plaintiff) Shandong Tianye Group Pty Limited (Third Plaintiff)