ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation [2016] NSWSC 901

Supreme Court New South Wales

Medium Neutral Citation: ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation [2016] NSWSC 901 Hearing dates: 2 June 2016 Decision date: 29 June 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Previous costs orders made by the Court in the proceedings are affirmed. Order that the First Defendant otherwise pay the Plaintiff's costs, as agreed or as assessed: from 25 July 2015 to 28 April 2016; and of the return dates of the subpoenas issued 18 March 2016 on 29 April, 2 May, 3 May, 4 May, 5 May, 9 May, 11 May, 13 May and 18 May 2016. Order that there be no order as to costs on and from 28 April 2016. Catchwords: PROCEDURE — Costs — where in the substantive proceedings the plaintiff incurred significant costs in seeking to establish the value of trust assets in circumstances where the defendant initially contended the value of the trust assets was nil – where plaintiff sought costs orders for the specified period prior to which the defendant served evidence establishing the value of the trust assets – where the plaintiff also sought costs relating to the return dates of subpoenas – where the defendant contended it should be awarded the costs of the hearing of the substantive proceedings given its success in the proceedings as to the issue of the interpretation of the limitation of liability clause – whether cost orders sought by the parties should be made. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - International Arbitration Act 1974 (Cth), s 8 - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation [2015] NSWSC 1006 - ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation [2016] NSWSC 764 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 Category: Costs Parties: ALYK (H.K.) Limited (Plaintiff) Caprock Commodities Trading Pty Limited (First Defendant) China Construction Bank Corporation (Second Defendant) Representation: Counsel: J A Hogan-Doran (Plaintiff) A C Harding (First Defendant)