Linjing Fang v Xiaodan Sun & Ors (No. 2) [2014] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Linjing Fang v Xiaodan Sun & Ors (No. 2) [2014] NSWSC 1194 Hearing dates: 10 June 2014 Decision date: 04 September 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Indemnity costs awarded. Compound interest up to judgment awarded at the RBA rate plus 4 per cent at yearly rests. Adjustments made to the principal judgment sum increasing it by $39,000. Catchwords: PROCEDURE - costs - indemnity costs - departing from the general rule that costs follow the event - conduct of the parties - whether the defendant's misconduct justifies the award of indemnity costs to the plaintiff -

INTEREST - which rate of interest should be applied - principle that where a party found to be in dishonest breach of fiduciary duty, interest may be claimed at a higher rate - whether interest payable at ordinary rate or compound rate.

JUDGMENTS - adjustment to judgment sum - Court reserved for further consideration whether a further sum of $50,000 should be included in the judgment sum - plaintiff acknowledges that $11,000 should be deducted from the judgment sum. Legislation Cited: Supreme Court Practice Note Gen. 16 UCPR, r 42.1 Cases Cited: Briginshaw v Bringinshaw (1938) 60 CLR 336 Degman Pty Ltd (In Liq) v Wright (No. 2) (1983) 2 NSWLR 354 Linjing Fang v Xiaodan Sun & Ors [2014] NSWSC 713 Southern Cross Commodities Pty Ltd (in Liq) v Ewing (1987) 11 ACLR 818 Thomas v SMP (International) No. 6 [2010] NSWSC 1311 Category: Costs Parties: Plaintiff: Linjing Fang First defendant: Xiaodan Sun Second defendant: Mal Soon Park Third defendant: Chong Hung Park Fourth defendant: Zozoen Pty Limited (ACN 139 566 528) Representation: Counsel: Plaintiff: M. Pesman SC; C. Alexander First & Third: G.W.McGrath SC Solicitors: Plaintiff: Albert Yau, Yau & Wang Lawyers First & Third Defendants: Derek Xu, Jurisbridge Legal File Number(s): 2013/25078 Publication restriction: No