Chen v Shaanxi Chamber of Commerce [2021] NSWSC 443

Chen v Shaanxi Chamber of Commerce [2021] NSWSC 443

The defendants' resistance to the declaration of election invalidity and the appointment of a receiver was wholly unreasonable after 28 October 2020, justifying an order for indemnity costs against those defendants from that date, with exceptions as to those joined after that date or who filed submitting appearances.

Parties
First Plaintiff: Yanhong (Amy) Chen; Second Plaintiff: Jianguo Guo; Third Plaintiff: APA International Group Pty Ltd; Fourth Plaintiff: Ping Cao; Fifth Plaintiff: Secure Scaffold Services Pty Ltd; First Defendant: The Australian Shannxi Chamber of Commerce Incorporated; Second Defendant: San Chung Zhong; Third Defendant: Jiayu Dong; Fourth Defendant: Wen Wang; Fifth Defendant: Li Ji; Sixth Defendant: Tao Zhang; Seventh Defendant: Chao Zhu; Eighth Defendant: Shaohui Xie; Ninth Defendant: Zhengang Yun; Tenth Defendant: Daiyong Chen; Eleventh Defendant: Min Pan; Twelfth Defendant: Bill Gao; Thirteenth Defendant: Lili Ren; Fourteenth Defendant: Yufei Wang; Fifteenth Defendant: Weihong Zhao; Sixteenth Defendant: Jingwen Yao
Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Equity Expedition List / Costs Determination After Substantive Judgment
Outcome
Defendants to pay plaintiffs' costs on an indemnity basis from 28 October 2020, qualified by existing costs orders and submitting appearances.
Legal Topics
Party/party Costs, Court's Discretion, Indemnity Costs, Unreasonableness of Conduct
Costs Party/party Costs Court's Discretion Indemnity Costs Unreasonableness of Conduct

Case Brief

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Parties

Yanhong (Amy) Chen

First Plaintiff

Jianguo Guo

Second Plaintiff

APA International Group Pty Ltd

Third Plaintiff

Ping Cao

Fourth Plaintiff

Secure Scaffold Services Pty Ltd

Fifth Plaintiff

The Australian Shannxi Chamber of Commerce Incorporated

First Defendant

San Chung Zhong

Second Defendant

Jiayu Dong

Third Defendant

Wen Wang

Fourth Defendant

Li Ji

Fifth Defendant

Tao Zhang

Sixth Defendant

Chao Zhu

Seventh Defendant

Shaohui Xie

Eighth Defendant

Zhengang Yun

Ninth Defendant

Daiyong Chen

Tenth Defendant

Min Pan

Eleventh Defendant

Bill Gao

Twelfth Defendant

Lili Ren

Thirteenth Defendant

Yufei Wang

Fourteenth Defendant

Weihong Zhao

Fifteenth Defendant

Jingwen Yao

Sixteenth Defendant

Procedural Posture

Equity Expedition List / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded on indemnity basis against defendants
  2. 2 Appropriate date from which indemnity costs should run
  3. 3 Defendants affected by indemnity costs order

Ratio Decidendi

The defendants' resistance to the declaration of election invalidity and the appointment of a receiver was wholly unreasonable after 28 October 2020, justifying an order for indemnity costs against those defendants from that date, with exceptions as to those joined after that date or who filed submitting appearances.

Court Disposition

Defendants to pay plaintiffs' costs on an indemnity basis from 28 October 2020, qualified by existing costs orders and submitting appearances.

Orders

  • Defendants to pay indemnity costs from 28 October 2020, except for existing costs orders and for defendants joined or who filed submitting appearances after certain dates.
  • Existing costs orders for interlocutory or procedural issues remain unaffected.