In the matter of Hua Cheng Property Pty Limited ACN 123 629 283 [2013] NSWSC 373

In the matter of Hua Cheng Property Pty Limited ACN 123 629 283 [2013] NSWSC 373

Given the mixed outcome and circumstances leading to the proceedings, as well as the lack of categorical refusal by the First Defendant and the incomplete success against the Second Defendant, there should be no order as to costs, with all parties bearing their own costs.

Parties
First Plaintiff: Y Lu; Second Plaintiff: L Huang; First Defendant: Hua Cheng Property Pty Limited ACN 123629283; Second Defendant: L Xu
Jurisdiction
Australia
Judgment Date
18 March 2013
Procedural Posture
Application for Access to Corporate Records / Costs Determination Following Grant of Partial Relief
Outcome
No order as to costs; all parties bear their own costs
Legal Topics
Costs, Access to Corporate Records
Corporations Law Civil Procedure Costs Access to Corporate Records

Case Brief

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Parties

Y Lu

First Plaintiff

L Huang

Second Plaintiff

Hua Cheng Property Pty Limited ACN 123629283

First Defendant

L Xu

Second Defendant

Procedural Posture

Application for Access to Corporate Records / Costs Determination Following Grant of Partial Relief

Legal Issues

  1. 1 Whether costs should be awarded where the Plaintiffs were only partially successful and application may have been unnecessary

Ratio Decidendi

Given the mixed outcome and circumstances leading to the proceedings, as well as the lack of categorical refusal by the First Defendant and the incomplete success against the Second Defendant, there should be no order as to costs, with all parties bearing their own costs.

Court Disposition

No order as to costs; all parties bear their own costs

Orders

  • All parties to bear their own costs