Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading (No 2) [2019] NSWSC 175

Supreme Court New South Wales

Medium Neutral Citation: Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading (No 2) [2019] NSWSC 175 Hearing dates: 22 February 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity Before: Kunc J Decision: Defendants to pay plaintiffs' costs of the proceedings Catchwords: COSTS — Party/Party — General rule that costs follow the event — Whether event was the outcome of the proceedings or should abide result of related costs assessment — Whether entitlement to costs should be reduced to reflect failure on particular issue Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Claudia Leung in her capacity as Executrix of the Estate of the late Robert Ho v Paul Mervyn Fordyce t/as Pmf Legal Trading [2019] NSWSC 19 Magafas v Carantinos [2007] NSWSC 917 Permanent Trustee Aust Ltd v FAI General Insurance Co Ltd (Supreme Court (NSW), Hodgson CJ in Eq, 3 June 1998, unrep) Russo v Russo No 2 [2015] NSWSC 449 Qu v Kuang [2008] NSWSC 991 Ziliotto v Hakim [2013] NSWCA 359 Category: Costs Parties: Claudia Leung (First Plaintiff) Rhodium NSW Pty Ltd (Second Plaintiff) The Trading House Pty Ltd (Third Plaintiff)

Paul Mervyn Fordyce (First Defendant) PMFPL Pty Ltd (formerly known as Pmf Legal Pty Ltd) (Second Defendant) Representation: Counsel:

L Corbett (Plaintiffs) T Alexis SC; L Coleman (Defendants)