In the matter of Century Sunshine Investment (Australia) Pty Ltd [2020] NSWSC 671

In the matter of Century Sunshine Investment (Australia) Pty Ltd [2020] NSWSC 671

Because Mr Sy advanced serious allegations against Mr Lin which he had no standing to bring and had now abandoned, and because the proposed amended case would throw away the costs previously incurred by Mr Lin in defending those claims, Mr Sy was required to pay Mr Lin's costs of the proceedings to date. Costs were not ordered payable forthwith because it was not apparent that there would be significant delay in determining the proceedings, and indemnity costs were refused because the offers did not provide adequate protection against the further share issue challenged by Mr Sy and it was not unreasonable for him not to accept them.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Equity Corporations List; Procedural and Other Rulings / Determination of Orders and Costs Following Earlier Judgment on Applications Concerning Amendment of Pleadings and Summary Dismissal
Outcome
The Plaintiff's interlocutory processes filed on 10 and 11 February 2020 were dismissed; the Plaintiff was ordered to file any motion seeking leave to file amended pleadings by 8 June 2020; and the Plaintiff was ordered to pay the Second Defendant's costs of the proceedings to date as agreed or as assessed.
Legal Topics
['party/party Costs' 'amendment of Pleadings' 'summary Dismissal' 'costs Payable Forthwith' 'indemnity Costs' 'calderbank Offers']
['corporations' 'civil Procedure' 'costs'] ['party/party Costs' 'amendment of Pleadings' 'summary Dismissal' 'costs Payable Forthwith' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Equity Corporations List; Procedural and Other Rulings / Determination of Orders and Costs Following Earlier Judgment on Applications Concerning Amendment of Pleadings and Summary Dismissal

Legal Issues

  1. 1 ["Whether the Plaintiff should pay the Second Defendant's costs of the proceedings to date where the proposed amendments abandoned the original claims against the Second Defendant and commenced, in substance, a new case." "Whether the Second Defendant's costs should be payable forthwith." 'Whether the Second Defendant should receive indemnity costs based on offers said to be Calderbank offers.' 'What orders should be made for filing any motion seeking leave to file amended pleadings.']

Ratio Decidendi

Because Mr Sy advanced serious allegations against Mr Lin which he had no standing to bring and had now abandoned, and because the proposed amended case would throw away the costs previously incurred by Mr Lin in defending those claims, Mr Sy was required to pay Mr Lin's costs of the proceedings to date. Costs were not ordered payable forthwith because it was not apparent that there would be significant delay in determining the proceedings, and indemnity costs were refused because the offers did not provide adequate protection against the further share issue challenged by Mr Sy and it was not unreasonable for him not to accept them.

Court Disposition

The Plaintiff's interlocutory processes filed on 10 and 11 February 2020 were dismissed; the Plaintiff was ordered to file any motion seeking leave to file amended pleadings by 8 June 2020; and the Plaintiff was ordered to pay the Second Defendant's costs of the proceedings to date as agreed or as assessed.

Orders

  • ['The Interlocutory Processes filed by the Plaintiff on 10 and 11 February 2020 be dismissed.' 'The Plaintiff file any motion seeking leave to file any Amended Originating Process and Amended Statement of Claim by 8 June 2020, annexing drafts of the proposed documents, returnable in the Corporations Motions List at...