Xia v Yu [2018] NSWSC 1725

Supreme Court New South Wales

Medium Neutral Citation: Xia v Yu [2018] NSWSC 1725 Hearing dates: On the papers Date of orders: 12 November 2018 Decision date: 12 November 2018 Jurisdiction: Equity Before: Darke J Decision: Order that the first defendant pay the plaintiff's costs on an indemnity basis up to 20 October 2017, and that the parties bear their own costs of the proceedings thereafter. Catchwords: COSTS – proceedings resolved without a determination on the merits – plaintiff required to commence the proceedings to protect her rights under an agreement with first defendant – first defendant acted unreasonably – indemnity costs ordered Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Duties Act 1997 (NSW), s 50 Category: Costs Parties: Tao Xia (Plaintiff) Qing Yu (First Defendant) SH Homebush Peninsula Pty Ltd (Second Defendant) Representation: Solicitors: Marsdens Law Group (Plaintiff) Juris Cor Legal (First Defendant) File Number(s): 2017/283092 Publication restriction: None

Judgment

Introduction 1. These proceedings were commenced by Summons on 18 September 2017. The plaintiff, Ms Tao Xia, sought orders that the first defendant, Mr Qing Yu, do all things necessary to give effect to a Heads of Agreement dated 17 July 2017, by which other proceedings commenced in this Court were settled. 2. The dispute between the parties has now resolved, save for the question of costs and a dispute over the payment of $21,000. The Court made directions for the parties to provide evidence and written submissions on these issues, and noted that they would be dealt with on the papers. (A Cross Claim in the proceedings has already been disposed of, by orders made on 18 May 2018 and 20 July 2018.)