Tralee Technology Holdings Pty Limited v Yun Chen (No 2) [2015] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: Tralee Technology Holdings Pty Limited v Yun Chen (No 2) [2015] NSWSC 1393 Hearing dates: Written submissions Date of orders: 23 September 2015 Decision date: 23 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The orders made by the Magistrate on 6 January 2014 in respect of costs are set aside. 2. The defendant is to pay the plaintiff's costs of the proceedings in this court, as agreed or assessed. 3. The defendant, if otherwise qualified, is granted a certificate, in respect of the costs in order (2) above, pursuant to s. 6(1)(a) of the Suitor's Fund Act 1951 (NSW). 4. The costs of the proceedings in the Local Court are to be at the discretion of the Magistrate at the conclusion of those proceedings. Catchwords: PRACTICE AND PROCEDURE – Costs – Where plaintiff successful in appeal from decision of Magistrate – Where proceedings remitted to Magistrate to be further dealt with – Costs of Local Court proceedings left to discretion of Magistrate Legislation Cited: Civil Procedure Act 2005 (NSW) Suitors Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brittain v Commonwealth (No 2) [2004] NSWCA 427 Brownlie v Overend [1979] VR 283 Getex Pty Limited v Reed Business Information Pty Limited (No 2) [2013] NSWSC 1271 Jones v Richards (1899) 15 TLR 398 MGIL Pty Limited v Maria Di Giannantonio as Executrix of the Deceased Estate of Michele Di Giannantonio (No 2) [2013] NSWSC 1032 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Stewart v McKinley (1885) 11 VLR 802 Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259 Category: Costs Parties: Tralee Technology Holdings Pty Limited - Plaintiff Yun Chen - Defendant Representation: Counsel: Mr T Maltz - Plaintiff Mr I G A Archibald - Defendant Solicitor: Sparke Helmore Lawyers - Plaintiff Ren Zhou Lawyers - Defendant File Number(s): 2013/385254 Publication restriction: Nil