Sui v Jiang (No 2) [2024] NSWSC 1174

Sui v Jiang (No 2) [2024] NSWSC 1174

The plaintiff must pay 50% of the defendant's costs because he failed in his primary claim, succeeded in a lesser claim, and because significant cost was incurred relating to defences that were not pressed. The late offer of compromise was not sufficient to change this outcome.

Parties
Plaintiff: Guangyi Sui; Defendant: Zhaoqing Jiang
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Equity Commercial List / Costs Determination After Judgment
Outcome
Plaintiff to pay 50% of defendant's costs of proceedings. Interest on $150,000 to run until payment.
Legal Topics
Costs, Offers of Compromise
Equity Commercial Law Costs Offers of Compromise

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Guangyi Sui

Plaintiff

Zhaoqing Jiang

Defendant

Procedural Posture

Equity Commercial List / Costs Determination After Judgment

Legal Issues

  1. 1 Appropriate costs order where plaintiff succeeded on one claim and failed on another
  2. 2 Effect of last-minute offer of compromise inclusive of costs

Ratio Decidendi

The plaintiff must pay 50% of the defendant's costs because he failed in his primary claim, succeeded in a lesser claim, and because significant cost was incurred relating to defences that were not pressed. The late offer of compromise was not sufficient to change this outcome.

Court Disposition

Plaintiff to pay 50% of defendant's costs of proceedings. Interest on $150,000 to run until payment.

Orders

  • Plaintiff to pay 50% of defendant's costs of the proceedings.
  • Interest on $150,000 to run until payment.