NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hu v Kim [2019] NSWSC 448 Hearing dates: 27 March 2019; further written submissions 3, 9 and 15 April 2019 Date of orders: 27 March 2019 Decision date: 23 April 2019 Jurisdiction: Equity - Real Property List Before: Kunc J Decision: Defendants to pay plaintiffs' costs; Cross-claim to be dismissed Catchwords: COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Defendants conduct of proceedings unreasonable notwithstanding settlement at hearing
GUARANTEE AND INDEMNITY — Indemnities — Construction — Whether liability "as a result of" specified contract Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Andar Transport Pty Ltd v Brambles Limited [2004] HCA 28; (2004) 217 CLR 424 Bahr v Nicolay (No 2) [1988] HCA 16; (1988) 164 CLR 604 Re The Minister for Immigration and Ethnic Affairs for the Commonwealth of Australia; ex parte Lai Quin [1997] HCA 6; (1997) 186 CLR 622 Samways v Workcover Queensland [2010] QSC 127 Westina Corp Pty Ltd v BGC Contracting Pty Ltd [2009] WASCA 213; (2009) 41 WAR 263 Category: Principal judgment Parties: Jing Hu (First Plaintiff) Linda Yao (Second Plaintiff)
Johghee Kim (First Defendant/First Cross Defendant) Stephen James Morton (Second Defendant/First Cross Claimant) Representation: Counsel:
M.A. Ashhurst SC; L.D. Corbett (Plaintiffs)
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