Ling v Wu; Ling v Pan Pac Investment Pty Limited (No 3) [2015] NSWSC 1550

Supreme Court New South Wales

Medium Neutral Citation: Ling v Wu; Ling v Pan Pac Investment Pty Limited (No 3) [2015] NSWSC 1550 Hearing dates: 8 October 2015 Decision date: 20 October 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The parties are to prepare and file draft formal orders to give effect to this judgment, such orders to be agreed if possible. (2) The parties are to approach my Associate jointly and promptly in order to set a mutually convenient date, within three weeks of today, for the making of formal dispositive orders in the matter. Catchwords: PROCEDURE – judgment and orders – interest after judgment – monetary orders made in favour of plaintiff in substantive proceedings – whether the date upon which interest after judgment commences should be varied

COSTS – apportionment of costs – defendant successful on some but not all of the issues litigated at the substantive hearing – whether the plaintiff should pay a proportion of the costs of the defendant Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 36.4(3), 36.7 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Calderbank v Calderbank [1975] 3 All ER 333 GIO of NSW v Healey (No 2) [1991] NSWCA 103; (1991) 22 NSWLR 380 Ling v Pan Pac Investment Pty Limited; Ling v Wu [2015] NSWSC 850 Category: Costs Parties: Albert Ling (Plaintiff) Yan Wu (Defendant) Pan Pac Investment Pty Limited (Defendant) Representation: Counsel: A J Tudehope (Plaintiff) G P McNally SC (Defendants)