Ye v Chen (No 2) [2023] NSWCA 9

Ye v Chen (No 2) [2023] NSWCA 9

Ms Chen did not demonstrate that her offer was a genuine offer of compromise as there was no evidence she had incurred significant appeal costs before making the offer; thus, the costs provisions for offers of compromise were inapplicable, and the prior costs order remains unchanged.

Parties
Applicant on Motion: Yu Chen; Respondent on Motion: Rebecca Haria Ye
Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Notice of Motion (costs Variation) in Appeal Proceedings / Determination of Notice of Motion Post Appeal
Outcome
Application to vary costs order dismissed; order for payment out of trust; no order as to costs of notice of motion.
Legal Topics
Costs Orders, Offer of Compromise, Judgment Satisfaction, Asset Preservation Orders
Civil Procedure Costs Costs Orders Offer of Compromise Judgment Satisfaction Asset Preservation Orders

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Parties

Yu Chen

Applicant on Motion

Rebecca Haria Ye

Respondent on Motion

Procedural Posture

Notice of Motion (costs Variation) in Appeal Proceedings / Determination of Notice of Motion Post Appeal

Legal Issues

  1. 1 Whether non-acceptance of offer of compromise warranted indemnity costs from 6 July 2022
  2. 2 Whether the offer of compromise was a genuine offer under UCPR Pt 42 Div 3
  3. 3 How funds held in trust should be applied to judgment

Ratio Decidendi

Ms Chen did not demonstrate that her offer was a genuine offer of compromise as there was no evidence she had incurred significant appeal costs before making the offer; thus, the costs provisions for offers of compromise were inapplicable, and the prior costs order remains unchanged.

Court Disposition

Application to vary costs order dismissed; order for payment out of trust; no order as to costs of notice of motion.

Orders

  • Ms Chen's solicitors forthwith pay $93,746.31 to Ms Yu Chen, or at her direction, from monies held in trust account pursuant to Beech-Jones J's orders of 22 March 2021 in full satisfaction of the Magistrate's judgment and interest under s 101 Civil Procedure Act 2005 (NSW).
  • Court notes $93,746.31 excludes any amount in satisfaction of costs orders made by Stapleton LCM, which remain unsatisfied.