Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2015] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2015] NSWCA 22 Hearing dates: On the papers Decision date: 23 February 2015 Before: Barrett JA; Gleeson JA; Leeming JA Decision: 2012/240805: 1. Vary order 6 made on 13 November 2014 such that it provides: "Ms Hong Jiang and Mr Yongan Xie to pay the costs of the 1st, 2nd and 4th appellants of the appeal (including the applications for leave and the notice of motion filed on 26 April 2013 but excluding any costs thrown away by reason of the amendment of the application for leave to appeal): (a) on an indemnity basis in respect of costs of the notice of motion filed on 26 April 2013 incurred after 2 October 2014; and (b) otherwise, on an ordinary basis."

2. Ms Hong Jiang and Mr Yongan Xie to pay the costs of the 1st, 2nd and 4th appellants of the applications concerning costs.

2014/211574: 1. Dismiss the notice of motion filed 25 November 2014 with costs. Catchwords: COSTS – Calderbank offer – whether offer to consent to dismissal of notice of motion with no order as to costs a substantial compromise – whether different costs order warranted by reason of appellants succeeding on points not run at first instance Legislation Cited: Uniform Civil Procedure Rules 2005, rr 36.16, 42.1 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2014] NSWCA 388 Taheri v Vitek (No 2) [2014] NSWCA 344 Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in Liq) [2014] NSWCA 350 Category: Costs Parties: 2012/240805 Ke Qin Ren (1st Applicant) Pei Xu (2nd Applicant) Gloconnect Pty Ltd (4th Applicant) Hong Jiang (1st Respondent) Yongan Xie (2nd Respondent) Wan Ze Property Development (Aust) Pty Ltd (in liq) (3rd Respondent)