Chung-Yi Pty Limited v Justin Chih-Yang Chang (No 3) [2018] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: Chung-Yi Pty Limited v Justin Chih-Yang Chang (No 3) [2018] NSWSC 1428 Hearing dates: 14 September 2018 Decision date: 21 September 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The defendant pay the first plaintiff's costs of the first plaintiff's claim.

(2) The second to eighth plaintiffs bear their own costs of their claim against the defendant insofar as those costs were additional to any costs incurred by the first plaintiff in respect of its claim.

(3) The defendant pay the cross-defendants' costs of the defendant's cross-claim. Catchwords: COSTS – Party/Party – General rule that costs follow the event – Application of the rule and discretion – General principles COSTS – Party/Party – Bases of quantification – Indemnity basis – Where the unsuccessful party fabricated evidence but the case would not have been avoided were it not for that delinquency Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Blazai Pty Ltd v Maclarens (No 2) [2013] NSWSC 31 Chung-Yi Pty Limited v Justin Chih-Yang Chang (No 2) [2018] NSWSC 1112 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 In the matter of Cheal Industries Pty Ltd - Fitzpatrick v Cheal [2012] NSWSC 932 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Resource Equities v Carr; Resource Equities v Garrett [2010] NSWSC 44 Royal Guardian Mortgage Management Pty Limited v Nguyen (No 2) [2014] NSWSC 1327 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Waters v P C Henderson (Australia) Pty Ltd (1994) 254 ALR 328; [1994] NSWCA 338 Category: Costs Parties: Chung-Yi Pty Limited (ACN 003 775 764) (First Plaintiff) Chih-Shih Cheng (Second Plaintiff) Chih-Chung Cheng (Third Plaintiff) Chang Ling-Ling Wang (Fourth Plaintiff) Ching-Ching Cheng (Fifth Plaintiff) Shirley Chen Hsui-Ju Cheng (Sixth Plaintiff) Chen Tsui-Miao Cheng (Seventh Plaintiff) Chao-Ching Wang (Eighth Plaintiff) Justin Chih-Yang Chang (Defendant) Representation: Counsel: C Bova (Plaintiffs) LV Gyles SC with C McMeniman (Defendant)