Chung-Yi Pty Ltd v Chang [2020] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: Chung-Yi Pty Ltd v Chang [2020] NSWSC 264 Hearing dates: 17 March 2020 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Defendant to pay plaintiff's costs of Freezing Order Motion and Variation Motion on an indemnity basis; no order as to costs of Notice to Produce Motion and s 37A Proceedings Catchwords: COSTS – where judgment entered in favour of plaintiff in a substantial amount – gross sum costs order made in favour of plaintiff – plaintiff sought to enforce judgment and order – plaintiff obtained freezing order – defendant ultimately paid amount specified in freezing order into court – interlocutory applications and related proceedings thereby resolved without determination on the merits – whether plaintiff should have its costs of those applications Legislation Cited: Bankruptcy Act 1966 (Cth) Conveyancing Act 1919 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Chung-Yi Pty Limited v Justin Chih-Yang Chang (No 2) [2018] NSWSC 1112 Goldsmith v Kang [2019] NSWSC 981 Ly v Dong [2018] NSWSC 122 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: In proceedings number 2016/24917:

Chung-Yi Pty Ltd (First Plaintiff/Cross-Defendant on First Cross-Claim/First Cross-Claimant on Second Cross-Claim) Joseph Chih-Shih Cheng (Second Plaintiff/Second Cross-Claimant on Second Cross-Claim) Chih-Chung Cheng (Third Plaintiff/Third Cross-Claimant on Second Cross-Claim) Chang Ling-Ling Wang (Fourth Plaintiff/Fourth Cross-Claimant on Second Cross-Claim) Ching-Ching Cheng (Fifth Plaintiff/Fifth Cross-Claimant on Second Cross-Claim) Shirley Chen Hsui-Ju Cheng (Sixth Plaintiff/Sixth Cross-Claimant on Second Cross-Claim) Chen Tsui-Miao Cheng (Seventh Plaintiff/Seventh Cross-Claimant on Second Cross-Claim) Chao-Ching Wang (Eighth Plaintiff/Eighth Cross-Claimant on Second Cross-Claim) Justin Chih-Yang Chang (Defendant/Cross-Claimant on First Cross-Claim/Cross-Defendant on Second Cross-Claim)