Chen v Gu; Chen v Nguyen (No 2) [2012] NSWSC 199

Chen v Gu; Chen v Nguyen (No 2) [2012] NSWSC 199

Indemnity costs were warranted against Ms Gu because her false defence and conduct prolonged the proceedings and she rejected a very favourable Calderbank offer. Mr Nguyen was ordered to pay all of Mr Chen's costs because he accepted liability for the claim against him, accepted indemnity costs from 11 August 2011, the proceedings were properly consolidated, the Registrar General was reasonably joined due to Mr Nguyen's denial of negligence and the overlapping issues, and no basis was shown to excise costs relating to the Registrar General or Ms Gu issues from the order against Mr Nguyen.

Jurisdiction
Australia
Judgment Date
28 February 2012
Procedural Posture
Consequential Orders; Costs Application / Ex Tempore Judgment After Liability Judgment
Outcome
Mr Chen obtained indemnity costs against Ms Gu and costs against Mr Nguyen on the usual basis up to 11 August 2011 and thereafter on an indemnity basis.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'offer of Compromise' 'consolidated Proceedings' 'torrens Assurance Fund' 'sanderson Order' 'bullock Order' 'real Property Act 1900 S 129']
['procedure' 'costs' 'real Property'] ['indemnity Costs' 'calderbank Offer' 'offer of Compromise' 'consolidated Proceedings' 'torrens Assurance Fund' 'sanderson Order' 'bullock Order' 'real Property Act 1900 S 129']

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Procedural Posture

Consequential Orders; Costs Application / Ex Tempore Judgment After Liability Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered against Hui Qin Gu for the entire proceedings.' "Whether Van Uu (Warren) Nguyen should pay Hao Chen's costs on the usual basis up to 11 August 2011 and on an indemnity basis thereafter." "Whether Mr Nguyen should pay Mr Chen's costs of pursuing the Registrar General of New South Wales in the consolidated proceedings." 'Whether costs relating to the fraud claim against Ms Gu and cross-claim issues should be excised from the costs payable by Mr Nguyen.' "Whether costs should be dealt with by a Bullock or Sanderson order in respect of the Registrar General's costs."]

Ratio Decidendi

Indemnity costs were warranted against Ms Gu because her false defence and conduct prolonged the proceedings and she rejected a very favourable Calderbank offer. Mr Nguyen was ordered to pay all of Mr Chen's costs because he accepted liability for the claim against him, accepted indemnity costs from 11 August 2011, the proceedings were properly consolidated, the Registrar General was reasonably joined due to Mr Nguyen's denial of negligence and the overlapping issues, and no basis was shown to excise costs relating to the Registrar General or Ms Gu issues from the order against Mr Nguyen.

Court Disposition

Mr Chen obtained indemnity costs against Ms Gu and costs against Mr Nguyen on the usual basis up to 11 August 2011 and thereafter on an indemnity basis.

Orders

  • ['Order for indemnity costs against the first defendant in the 2007 proceedings.' 'Order for costs against the defendant in the 2009 proceedings on the usual basis up to 11 August 2011 and thereafter on an indemnity basis.']