Ling v Wu; Ling v Pan Pac Investment Pty Limited (No 3) [2015] NSWSC 1550

Ling v Wu; Ling v Pan Pac Investment Pty Limited (No 3) [2015] NSWSC 1550

The responsibility for delay in resolving the dispute is substantially on Ms Wu, so there is no basis to backdate the commencement of interest after judgment before 14 August 2015; the apportionment of costs (75% payable by Mr Ling) appropriately reflects the respective success and failures of the parties at hearing.

Parties
Plaintiff: Albert Ling; Defendant: Yan Wu; Defendant: Pan Pac Investment Pty Limited
Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Civil / Post Substantive Judgment; Determination of Remaining Issues Regarding Interest and Costs
Outcome
Orders made for parties to file agreed draft formal orders and to schedule a final hearing for dispositive orders.
Legal Topics
Judgment and Orders, Interest After Judgment, Apportionment of Costs
Procedure Costs Judgment and Orders Interest After Judgment Apportionment of Costs

Case Brief

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Parties

Albert Ling

Plaintiff

Yan Wu

Defendant

Pan Pac Investment Pty Limited

Defendant

Procedural Posture

Civil / Post Substantive Judgment; Determination of Remaining Issues Regarding Interest and Costs

Legal Issues

  1. 1 Whether the date upon which interest after judgment commences should be varied
  2. 2 Whether the plaintiff should pay a proportion of the costs of the defendant

Ratio Decidendi

The responsibility for delay in resolving the dispute is substantially on Ms Wu, so there is no basis to backdate the commencement of interest after judgment before 14 August 2015; the apportionment of costs (75% payable by Mr Ling) appropriately reflects the respective success and failures of the parties at hearing.

Court Disposition

Orders made for parties to file agreed draft formal orders and to schedule a final hearing for dispositive orders.

Orders

  • The parties are to prepare and file draft formal orders to give effect to this judgment, such orders to be agreed if possible.
  • The parties are to approach my Associate jointly and promptly in order to set a mutually convenient date, within three weeks of today, for the making of formal dispositive orders in the matter.