Zhang v Yan (No 2) [2021] FCA 1076

Zhang v Yan (No 2) [2021] FCA 1076

Respondents were overall successful in the appeal; although not all their contentions were accepted, the appellant’s partial success did not justify issue-based costs apportionment. Appellant not entitled to a costs certificate because the relevant statutory provision applies only to a successful respondent, not an unsuccessful appellant.

Jurisdiction
Australia
Judgment Date
07 September 2021
Procedural Posture
Appeal / Post Judgment (costs)
Outcome
Appellant to pay respondents' costs; $30,000 security released to respondents' solicitors.
Legal Topics
['costs' 'appeal' 'security for Costs' 'costs Certificate']
['commercial and Corporations' 'insolvency'] ['costs' 'appeal' 'security for Costs' 'costs Certificate']

Case Brief

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Procedural Posture

Appeal / Post Judgment (costs)

Legal Issues

  1. 1 ['Whether costs should be awarded to successful respondents when not all arguments succeeded' 'Whether costs should be apportioned on an issues basis' 'Entitlement of unsuccessful appellant to a costs certificate under Federal Proceedings (Costs) Act 1981 (Cth)']

Ratio Decidendi

Respondents were overall successful in the appeal; although not all their contentions were accepted, the appellant’s partial success did not justify issue-based costs apportionment. Appellant not entitled to a costs certificate because the relevant statutory provision applies only to a successful respondent, not an unsuccessful appellant.

Court Disposition

Appellant to pay respondents' costs; $30,000 security released to respondents' solicitors.

Orders

  • ["The appellant pay the respondents' costs of the appeal and of the notice of contention, to be taxed in default of agreement." "The sum of $30,000 paid into Court as security for the respondents' costs of the appeal pursuant to order 1 made on 6 April 2020 be released to the solicitors for the respondents, SBA Law,...