In the matters of Shaolin Temple Foundation (Australia) Ltd (No 2) [2016] NSWSC 1766

Supreme Court New South Wales

Medium Neutral Citation: In the matters of Shaolin Temple Foundation (Australia) Ltd (No 2) [2016] NSWSC 1766 Hearing dates: Written submissions Decision date: 09 December 2016 Jurisdiction: Equity Before: Barrett AJA Decision: In proceedings 2016/37802: (1) The defendant pay the plaintiff's costs of the proceedings on the party/party basis except for: (a) the plaintiff's costs associated with the interlocutory process filed by the plaintiff on 17 March 2016 and withdrawn on 11 May 2016; (b) the plaintiff's costs associated with the determination of the separate question of jurisdiction heard on 1 June 2016; (c) the plaintiff's costs incurred after 21 June 2016 of and incidental to obtaining and preparation of evidence sought to be tendered or read upon the final hearing on 4 and 15 August 2016 and rejected by the court; and (d) one-half of the plaintiff's costs of the hearing on 4 August 2016 (2) The costs of the defendant ordered on 11 May 2016 to be paid by the plaintiff in respect of the interlocutory process filed by the plaintiff on 17 March 2016 and withdrawn on 11 May 2016 be set off against the costs payable by the defendant under Order (1). In proceedings 2016/37815: The defendant pay the plaintiff's costs of the proceedings on the party/party basis except for: (a) the plaintiff's costs incurred after 21 June 2016 of and incidental to obtaining and preparation of evidence sought to be tendered or read upon the final hearing on 4 and 15 August 2016 and rejected by the court; and (b) one-half of the plaintiff's costs of the hearing on 4 August 2016. Catchwords: PROCEDURE – costs – successful application for orders setting aside statutory demands – much of the plaintiff's evidence rejected by the court – costs of obtaining and tendering that evidence excluded from cost awarded to successful plaintiff Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Costs Parties: Shaolin Temple Foundation (Australia) Ltd (Plaintiff) Street Quinn Pty Ltd (Defendant 2016/37802) Kwok Leong Pang (Defendant 2016/37815) Representation: Counsel: Mr J Lockhart SC with him Mr C R Brown (Plaintiff) Mr T Rickard (Defendants)