Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 3) [2010] NSWSC 558

Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 3) [2010] NSWSC 558

Plaintiffs were substantially successful on their notice of motion for discovery; no good reason exists to depart from the ordinary rule that costs follow the event. Costs are awarded to the plaintiffs to be paid by the second and third defendants, as agreed or assessed, and at the conclusion of proceedings.

Jurisdiction
Australia
Judgment Date
31 May 2010
Procedural Posture
Motion / Costs Determination Following Notice of Motion for Discovery
Outcome
Orders as to costs and consequential orders made
Legal Topics
['costs' 'discovery' 'consequential Orders']
['civil Procedure'] ['costs' 'discovery' 'consequential Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion / Costs Determination Following Notice of Motion for Discovery

Legal Issues

  1. 1 ["Should the second and third defendants pay the plaintiffs' costs of the notice of motion for discovery?" 'Is there any reason to depart from the ordinary order that costs follow the event?']

Ratio Decidendi

Plaintiffs were substantially successful on their notice of motion for discovery; no good reason exists to depart from the ordinary rule that costs follow the event. Costs are awarded to the plaintiffs to be paid by the second and third defendants, as agreed or assessed, and at the conclusion of proceedings.

Court Disposition

Orders as to costs and consequential orders made

Orders

  • ['Order (iii) of 26 February 2010 be set aside' "Second and third defendants pay the plaintiffs' costs of and incidental to the notice of motion filed 21 August 2009, as agreed or assessed" 'To the extent not otherwise determined, the aforesaid notice of motion is dismissed']