Taxa Australia Pty Ltd v G Wang & Anor [2018] NSWSC 1668

Supreme Court New South Wales

Medium Neutral Citation: Taxa Australia Pty Ltd v G Wang & Anor [2018] NSWSC 1668 Hearing dates: 7 – 8 August; 16 – 17 August and 23 August 2018; written submissions as to orders and costs 5, 15 October 2018; further oral hearing 29 October 2018. Decision date: 01 November 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Determination as to form of orders and costs orders made. Catchwords: PROCEDURE – judgment and orders – application to reopen after reasons for judgment but before orders were made.

COSTS – where value of the claims pressed at the hearing were below the jurisdictional limit of the District Court – where matter arguably arose out of a commercial transaction – whether r 42.34 of the Uniform Civil Procedure Rules 2005 (NSW) displaces the possibility of a costs order in favour of the successful party – where several pleaded claims were not pressed at the final hearing – whether costs order should only be made in respect of the successful claim.

ORDERS – determination as to form of orders. Cases Cited: - Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Chen v Chan [2009] VSCA 233 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6; (2012) 200 FCR 296 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Kernaghan v Corrections Corporation of Australia Staff Superannuation Pty Ltd (No 2) [2007] FCA 1040 - Nova 96.9 Pty Ltd v Natvia Pty Ltd [2018] NSWSC 1288 - Permanent Custodians Ltd v Geagea (No 4) [2016] NSWSC 934 - Re Boart Longyear Ltd (No 4) [2017] NSWSC 1357 - Southern Classic Group Pty Ltd t/as Southern Classic Cars v Arch Underwriting at Lloyd's Ltd on behalf of Syndicate 2012 (No 2) [2018] NSWSC 1530 - The NTF Group Pty Ltd v PA Putney Finance Australia Pty Ltd [2017] NSWSC 1194 - Wentworth v Rogers [2002] NSWSC 921 Category: Procedural and other rulings Parties: Taxa Australia Pty Ltd (Plaintiff/Cross-Defendant to First Cross-Claim/First Cross-Defendant to Second Cross-Claim) Gang Wang (First Defendant/Cross-Claimant to Second Cross-Claim) Xue Hua Yao (Second Defendant/Cross-Claimant to First Cross-Claim) Keming Diao (Second Cross-Defendant to Second Cross-Claim) Luca Borghese (Third Cross-Defendant to Second Cross-Claim) Representation: Counsel: D F Elliott (Plaintiff/Cross-Defendant to First Cross-Claim/Cross-Defendants to Second Cross-Claim)