Park v Choi (No. 2) [2020] NSWDC 109

District Court New South Wales

Medium Neutral Citation: Park v Choi (No. 2) [2020] NSWDC 109 Hearing dates: On the papers Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff pay the defendants' wasted costs in addressing the amended statement of claim filed on 7 June 2019 and the further amended statement of claim filed on 19 July 2019 (including the defendants' costs of and occasioned by the hearings on 20 June and 17 October 2019), payable forthwith. (2) The plaintiff pay the defendants' costs of this application on the same basis. Catchwords: COSTS – application to amend pleadings – multiple iterations of proposed pleading served by plaintiff – no exception to general rule that amending party is obliged to pay the other party's costs thrown away by reason of the amendment – whether costs ought be payable forthwith – plaintiff maintained appropriateness of pleading despite detailed objections – plaintiff subsequently radically altered pleading – order made requiring costs to be paid forthwith Legislation Cited: Supreme Court Rules 1970 (NSW), Pt 52A r 9(1) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 28.2, 42.1 and 42.7 Cases Cited: Andromeda v Holman (1920) 130 LT 329 Burgoine v Taylor (1878) 9 Ch D 1 Cretazzo v Lombardi [1975] 13 SASR 1 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664 French v McKenna (No 2) [2012] TASSC 8 Hamod & Anor v State of New South Wales & Anor [2007] NSWSC 707 Kazal v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1422 Park v Choi [2019] NSWDC 660 Ralmana Pty Ltd v BGC Contracting Pty Ltd [2016] WASC 131 Ritter v Godfrey [1920] 2 KB 47 Templar v Britton (No 3) [2014] NSWSC 802 Category: Costs Parties: Plaintiff: Hee Yeul Park First Defendant: Dong Hun Choi Second Defendant: Seung Ju Hong Third Defendant: Won Hyo Cho Fourth Defendant: Hyun Pil Moon Fifth Defendant: Jong Bae Park Sixth Defendant: Beck Seon Lee Representation: Counsel: Plaintiff: Mr J Manner Defendants: Mr T Senior