St George Bank - A Division of Westpac Banking Corporation v Zhang (No 3) [2013] NSWSC 1721

Supreme Court New South Wales

Medium Neutral Citation: St George Bank - A Division of Westpac Banking Corporation v Zhang (No 3) [2013] NSWSC 1721 Hearing dates: On the papers Decision date: 21 November 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1)Subject to (2), the first defendant is to pay the plaintiff's costs of the proceedings. (2)Subject to (3), make no order as to costs in respect of the hearing on 27 September 2013. (3)The plaintiff is to pay the second defendant's costs thrown away by the amendment made by the filing of the amended statement of claim on 6 September 2013, but otherwise the second defendant is to pay her own costs of the proceedings, including the costs in respect of the hearing on 27 September 2013. (4)Make no order as to costs as between the plaintiff and the third defendant. Catchwords: PRACTICE AND PROCEDURE -costs -effect of mortgage obligations with respect to enforcement costs. Legislation Cited: Real Property Act 1900, s 138 Cases Cited: Gomba Holdings (UK) Limited v Minories Finance Limited (No. 2) [1993] Ch 171 St George Bank- A Division of Westpac Banking Corporation v Zhang [2013] NSWSC 1418 St George Bank- A Division of Westpac Banking Corporation v Zhang (No 2) [2013] NSWSC 1455 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Vertzayias v King [2011] NSWCA 215 Category: Costs Parties: St George Bank - A Division of Westpac Banking Corporation (Plaintiff) Wei Zhang (First Defendant) Guang Qing (Lydia) Zhang (Second Defendant) Qining Feng (Third Defendant) Registrar-General of New South Wales (Fourth Defendant) Representation: Counsel: L Gor (Plaintiff) No Appearance (First Defendant) MW Sneddon (Second Defendant) No Appearance (Third Defendant) No Appearance (Fourth Defendant) Solicitors: Kemp Strang (Plaintiff) No Appearance (First Defendant) CCSG Legal (Second Defendant) No Appearance (Third Defendant) Solicitor for the Registrar-General, Land and Property Information (Fourth Defendant) File Number(s): 2010/108317 Publication restriction: Nil