Ye v Zeng (No 5) [2016] FCA 850

Ye v Zeng (No 5) [2016] FCA 850

Given the respondents had no legitimate grounds for resisting enforcement and their actions caused unreasonable costs, indemnity costs were appropriate from a reasonable time after service of the application, except for the interlocutory adjournment application after the PRC appeal was lodged, which was not clearly hopeless and thus ordinary costs were appropriate for that application.

Jurisdiction
Australia
Judgment Date
27 July 2016
Procedural Posture
Application to Enforce Foreign Arbitration Award / Post Judgment: Costs Determination
Outcome
Application for indemnity costs allowed in part.
Legal Topics
['enforcement of Foreign Arbitral Awards' 'costs (indemnity and Party/party Basis)']
['arbitration' 'commercial Law'] ['enforcement of Foreign Arbitral Awards' 'costs (indemnity and Party/party Basis)']

Case Brief

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Procedural Posture

Application to Enforce Foreign Arbitration Award / Post Judgment: Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded for unsuccessful resistance to enforcement of a foreign arbitral award' 'Proper approach to costs in enforcement proceedings under the International Arbitration Act 1974 (Cth)']

Ratio Decidendi

Given the respondents had no legitimate grounds for resisting enforcement and their actions caused unreasonable costs, indemnity costs were appropriate from a reasonable time after service of the application, except for the interlocutory adjournment application after the PRC appeal was lodged, which was not clearly hopeless and thus ordinary costs were appropriate for that application.

Court Disposition

Application for indemnity costs allowed in part.

Orders

  • ["Respondents pay the costs of the applicant of the application, including the interlocutory applications: (a) on a party/party basis up to 18 October 2015; (b) on an indemnity basis thereafter; but (c) not including the respondents' interlocutory application for an adjournment, granted on 17 November 2015, which...