Yan v Yangdo Pty Ltd (No 2) [2024] NSWSC 1405

Yan v Yangdo Pty Ltd (No 2) [2024] NSWSC 1405

Given that neither party succeeded in obtaining the principal relief sought and both achieved only mixed or partial success on various issues, there could be no clear identification of an overall 'winner.' The appropriate order was that each party bear their own costs.

Parties
First Plaintiff/fourth Cross Defendant: Philip Kam Hung Yan; Second Plaintiff/fifth Cross Defendant: Amelia Shu Man Yan; Third Plaintiff/sixth Cross Defendant: Fincob Pty Ltd; First Defendant/first Cross Defendant: Yangdo Pty Ltd; Second Defendant/second Cross Claimant: Kam Wing Yan; Third Defendant/second Cross Defendant: Yangdo Service Pty Ltd; Fourth Defendant/third Cross Defendant: Pengie Pty Ltd; Fifth Defendant/first Cross Claimant: Penlop Pty Ltd
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Equity Expedition List / Costs Orders After Substantive Decision
Outcome
Each party to bear their own costs.
Legal Topics
Costs, Expert Valuation, Settlement Deeds, Cross Claims
Equity Costs Expert Valuation Settlement Deeds Cross Claims

Case Brief

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Parties

Philip Kam Hung Yan

First Plaintiff/fourth Cross Defendant

Amelia Shu Man Yan

Second Plaintiff/fifth Cross Defendant

Fincob Pty Ltd

Third Plaintiff/sixth Cross Defendant

Yangdo Pty Ltd

First Defendant/first Cross Defendant

Kam Wing Yan

Second Defendant/second Cross Claimant

Yangdo Service Pty Ltd

Third Defendant/second Cross Defendant

Pengie Pty Ltd

Fourth Defendant/third Cross Defendant

Penlop Pty Ltd

Fifth Defendant/first Cross Claimant

Procedural Posture

Equity Expedition List / Costs Orders After Substantive Decision

Legal Issues

  1. 1 Whether costs should be apportioned or parties should bear their own costs after mixed success
  2. 2 Relevance and weight of expert evidence in relation to 'embedded' CGT
  3. 3 Proper characterisation of the 'event' for costs purposes given no party obtained principal relief

Ratio Decidendi

Given that neither party succeeded in obtaining the principal relief sought and both achieved only mixed or partial success on various issues, there could be no clear identification of an overall 'winner.' The appropriate order was that each party bear their own costs.

Court Disposition

Each party to bear their own costs.

Orders

  • Order that the plaintiffs and defendants bear their own costs of the proceedings comprising the Amended Summons and Amended Cross-Summons.