Ou v Wan (No 2) [2021] NSWSC 28

Ou v Wan (No 2) [2021] NSWSC 28

The failure to accept the settlement offers was not unreasonable given their conditional nature and lack of resolution for company management, and both parties share equal responsibility for the winding up and vacated hearing, so each should bear their own costs.

Jurisdiction
Australia
Judgment Date
29 January 2021
Procedural Posture
Corporations List (equity) / Post Judgment Application for Costs Variation
Outcome
No variation to prior costs order; parties bear own costs.
Legal Topics
['costs' 'corporations Winding Up']
['civil Procedure'] ['costs' 'corporations Winding Up']

Case Brief

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Procedural Posture

Corporations List (equity) / Post Judgment Application for Costs Variation

Legal Issues

  1. 1 ['Whether the costs order should be varied following judgment dismissing claims and ordering winding up of companies' 'Whether failure to accept Calderbank offers was unreasonable warranting indemnity costs' 'Whether costs should be awarded for vacated hearing dates']

Ratio Decidendi

The failure to accept the settlement offers was not unreasonable given their conditional nature and lack of resolution for company management, and both parties share equal responsibility for the winding up and vacated hearing, so each should bear their own costs.

Court Disposition

No variation to prior costs order; parties bear own costs.

Orders

  • ['Plaintiff/First Cross-Defendant to pay own costs of his application for costs orders made by submissions dated 28 January 2021.' 'First Defendant/Cross-Claimant to pay own costs of his application for costs orders made by submissions dated 27 January 2021.' 'Order 7 made on 22 December 2020 otherwise operates...