Jiang v BCDS International P/L t/as Serendipity Miss Beauty ACN 603 133 991 (No 2) [2019] NSWDC 604

District Court New South Wales

Medium Neutral Citation: Jiang v BCDS International P/L t/as Serendipity Miss Beauty ACN 603 133 991 (No 2) [2019] NSWDC 604 Hearing dates: 18 October 2019 (Close of written submissions: 25 October 2019) Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Civil Before: Judge Levy SC Decision: The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis until 21 November 2018 and on the indemnity basis from 22 November 2018. Catchwords: COSTS – order for indemnity costs Legislation Cited: Civil Liability Act 2002 (NSW), Part 1, s 5B, s 5D Legal Profession Uniform Law Application Act 2014 (NSW), Sch 1 cl 2(1)(a) Uniform Civil Procedure Rules 2005, r 20.26, r 42.35 Cases Cited: Jiang v BCDS International P/L t/as Serendipity Miss Beauty ACN 603 133 991 [2019] NSWDC 578 Category: Costs Parties: Wenting Jiang (Plaintiff) BCDS International Pty Limited t/as Serendipity Miss Beauty ACN 603 133 991 (Defendant) Representation: Counsel: Mr C Hickey (Plaintiff) Ms L Kerley - Solicitor (Defendant)

Solicitors: Beilby Poulden Costello (Plaintiff) Holman Webb (Defendant) File Number(s): 2018/340045 Publication restriction: None

Judgment

Costs 1. The principal judgment in these proceedings was delivered on 18 October 2019. A verdict and judgment was entered in the plaintiff's favour in the sum of $24,557 plus costs: Jiang v BCDS International P/L t/as Serendipity Miss Beauty ACN 603 133 991 [2019] NSWDC 578. 2. At that time, the defendant made an application for the plaintiff's costs to be limited to regulated costs as the judgment was for an amount less than $100,000 as provided by the Legal Profession Uniform Law Application Act 2014 (NSW), Sch 1 cl 2(1)(a). 3. In contrast, the plaintiff made an application for indemnity costs based on a series of offers of compromise. In view of the relative size of the judgment, and in view of the disproportionate amount that would otherwise be involved in filing formal applications and further appearances, it was agreed that the submissions on those costs applications would be determined on the papers on the basis of written submissions.