Plus One International Pty Ltd v Ching (No 2) [2020] NSWSC 1016

The plaintiffs are ordered to pay 50% of the defendants' costs of the amended notice of motion filed on 17 February 2020, reflecting the defendants' partial success and the outcome of the review of the Registrar's decision.

Parties: First Plaintiff: Plus One International Pty Ltd; Second Plaintiff: Plus One Migration Pty Ltd; First Defendant: Yiu Tung Ching; Second Defendant: Jieyi Lu
Jurisdiction: Australia
Judgment Date: 04 August 2020
Procedural Posture: Costs Application / Costs Determination Following Review of Registrar's Decision
Outcome: Registrar's costs order varied; plaintiffs ordered to pay 50% of defendants' costs
Legal Topics: Costs, Review of Registrar's Decision, Subpoenas, Notices to Produce

Equity Costs Review of Registrar's Decision Subpoenas Notices to Produce

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Plus One International Pty Ltd

First Plaintiff

Plus One Migration Pty Ltd

Second Plaintiff

Yiu Tung Ching

First Defendant

Jieyi Lu

Second Defendant

Procedural Posture

Costs Application / Costs Determination Following Review of Registrar's Decision

Legal Issues

1 Appropriate costs order following partial success in application to review Registrar's decision
2 Whether Registrar's costs order should be set aside and replaced

Ratio Decidendi

Court Disposition

Registrar's costs order varied; plaintiffs ordered to pay 50% of defendants' costs

Orders

Set aside order 2 and order 4 made by the Registrar on 29 May 2020
Dismiss paragraphs 2, 4, 5, 7 and 8 of the defendant's amended notice of motion filed on 17 February 2020