Chen and others v The Australian Shaanxi Chamber of Commerce Incorporated and Others [2020] NSWSC 1896

Chen and others v The Australian Shaanxi Chamber of Commerce Incorporated and Others [2020] NSWSC 1896

The plaintiffs successfully defended the motion to dismiss or permanently stay the proceedings, the defendants' motion was not hopeless, and the plaintiffs' criticised conduct did not amount to a sufficient basis to deprive them of costs; accordingly costs should follow the event on an ordinary basis rather than an indemnity basis.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Costs / On the Papers; Determination of Costs of the Second, Third and Ninth Defendants' Motion After Dismissal of That Motion
Outcome
The second, third and ninth defendants are to pay the plaintiffs' costs of the motion on an ordinary basis.
Legal Topics
['party/party Costs' 'costs Following the Event' 'ordinary Basis Costs' 'indemnity Costs' 'stay of Proceedings' 'abuse of Process']
['costs' 'civil Procedure' 'equity'] ['party/party Costs' 'costs Following the Event' 'ordinary Basis Costs' 'indemnity Costs' 'stay of Proceedings' 'abuse of Process']

Case Brief

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Procedural Posture

Costs / On the Papers; Determination of Costs of the Second, Third and Ninth Defendants' Motion After Dismissal of That Motion

Legal Issues

  1. 1 ["Whether the plaintiffs should receive the costs of successfully defending the defendants' motion seeking dismissal or a permanent stay of the proceedings" 'Whether any costs awarded to the plaintiffs should be on an ordinary basis or an indemnity basis' "Whether the plaintiffs' conduct in the litigation should disentitle them to costs"]

Ratio Decidendi

The plaintiffs successfully defended the motion to dismiss or permanently stay the proceedings, the defendants' motion was not hopeless, and the plaintiffs' criticised conduct did not amount to a sufficient basis to deprive them of costs; accordingly costs should follow the event on an ordinary basis rather than an indemnity basis.

Court Disposition

The second, third and ninth defendants are to pay the plaintiffs' costs of the motion on an ordinary basis.

Orders

  • ['The plaintiffs should get their costs of the motion on an ordinary basis.']