Yu v H&J Aus Trading Pty Ltd [2020] NSWSC 1843

Yu v H&J Aus Trading Pty Ltd [2020] NSWSC 1843

The plaintiff was entitled to costs as he was entirely successful on his preliminary discovery application, and the first defendant's late offer did not constitute a reasonable explanation or supervening event justifying non-payment of costs.

Parties
Plaintiff: Jian Yu; First Defendant: H&J Aus Trading Pty Ltd; Second Defendant: National Australia Bank Limited
Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Preliminary Discovery / Costs Determination After Review of Registrar's Orders
Outcome
Plaintiff entitled to costs; by consent, part of Registrar's orders set aside; other orders confirmed; first defendant's notice of motion dismissed.
Legal Topics
Preliminary Discovery, Party/party Costs, Review of Registrar's Decision
Civil Procedure Costs Preliminary Discovery Party/party Costs Review of Registrar's Decision

Case Brief

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Parties

Jian Yu

Plaintiff

H&J Aus Trading Pty Ltd

First Defendant

National Australia Bank Limited

Second Defendant

Procedural Posture

Preliminary Discovery / Costs Determination After Review of Registrar's Orders

Legal Issues

  1. 1 Whether costs should be awarded to the plaintiff following preliminary discovery and contested review application
  2. 2 Whether the first defendant's late offer amounted to surrender justifying costs

Ratio Decidendi

The plaintiff was entitled to costs as he was entirely successful on his preliminary discovery application, and the first defendant's late offer did not constitute a reasonable explanation or supervening event justifying non-payment of costs.

Court Disposition

Plaintiff entitled to costs; by consent, part of Registrar's orders set aside; other orders confirmed; first defendant's notice of motion dismissed.

Orders

  • By consent, set aside order 1 made by the Registrar on 5 August 2020.
  • Otherwise confirm orders 2, 3 and 4 made by the Registrar on 5 August 2020.