Ly v Dong & Ors [2018] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: Ly v Dong & Ors [2018] NSWSC 122 Hearing dates: 5 & 6 September 2017, 29 and 30 January 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Equity Before: Slattery J Decision: First Defendant ordered to pay the plaintiffs' costs of the proceedings on the ordinary basis but not the costs of both 5 and 6 September 2017 and no costs beyond 5 September. Costs on the indemnity basis not ordered. Second defendant jointly and severally liable to pay the plaintiffs' costs of the proceedings incurred between 12 May 2017 and 5 September 2017 inclusive. Catchwords: EQUITY - specific performance - contract for sale of land - first defendant fails to complete contract - plaintiffs commences proceedings for specific performance - first defendant consents to orders for specific performance two weeks before the date fixed for trial - whether the first defendant should pay the plaintiffs' costs of the proceedings and on what basis (ordinary or indemnity) and for what period - whether the second defendant should also pay part of the plaintiffs' costs of the proceedings. Legislation Cited: Civil Procedure Act 2005, s 98 Uniform Procedure Rules 2005, rr 42.1,42.2 Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Harrison v Schipp (2002) 54 NSWLR 738 Hypec Electronics Pty Limited (in liquidation) v Mead; BL GY International & Hypec Electronics Pty Ltd (in liquidation) (2004) 61 NSWLR 169 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Velissaris v Fitzgerald [2008] VSCA 152 Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd (No. 3) [2010] NSWSC 1479 Category: Costs Parties: First Plaintiff: Hieu Thuan Ly Second Plaintiff: Thanh Hung Ly First Defendant: Hui Min Dong Second Defendant: World Glass & Mirrors Pty Ltd ACN 153 577 416 Third Defendant: Ali Al-Kassam Representation: Counsel: