Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company v Cheng (No 2) [2021] NSWSC 1281

Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company v Cheng (No 2) [2021] NSWSC 1281

Order 2 of 10 September 2021 is to be varied to substitute 'proceedings' for 'trial', as the intention was for costs to cover the whole proceedings, not just the four days of trial.

Parties
Plaintiff; Cross Defendant: Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company; Defendant; Cross Claimant: Jian Ling Cheng
Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Civil / Post Judgment, Correction of Orders (slip Rule)
Outcome
Order varied under slip rule to substitute 'proceedings' for 'trial' in cost order.
Legal Topics
Correction of Orders, Slip Rule, Costs, Damages
Contract Law Civil Procedure Correction of Orders Slip Rule Costs Damages

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Parties

Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company

Plaintiff; Cross Defendant

Jian Ling Cheng

Defendant; Cross Claimant

Procedural Posture

Civil / Post Judgment, Correction of Orders (slip Rule)

Legal Issues

  1. 1 Whether order 2 should be varied under the slip rule to refer to 'proceedings' rather than 'trial' costs

Ratio Decidendi

Order 2 of 10 September 2021 is to be varied to substitute 'proceedings' for 'trial', as the intention was for costs to cover the whole proceedings, not just the four days of trial.

Court Disposition

Order varied under slip rule to substitute 'proceedings' for 'trial' in cost order.

Orders

  • Vary order 2 made on 10 September 2021 in [2021] NSWSC 1141 to substitute the word 'proceedings' for 'trial'.