ZHANG & ANOR v MINOX SECURITIES PTY LTD & ORS; LIU & ORS v MINOX SECURITIES PTY LTD & ORS [NO 2] [2009] NSWCA 256

Orders for costs should be varied so the respondent pays 80% of the costs of the appeal and 60% of the costs in the Equity Division, to reflect the relative success of each party on different claims.

Jurisdiction: Australia
Judgment Date: 26 August 2009
Procedural Posture: Appeal / Post Judgment Motion for Variation of Costs Order
Outcome: Order for costs varied; otherwise motion dismissed; no order as to the costs of the motion.
Legal Topics: ['costs']

['civil Procedure'] ['costs']

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Procedural Posture

Appeal / Post Judgment Motion for Variation of Costs Order

Legal Issues

1 ['Whether the costs order previously made should be varied to reflect partial success of each party on different claims']

Ratio Decidendi

Orders for costs should be varied so the respondent pays 80% of the costs of the appeal and 60% of the costs in the Equity Division, to reflect the relative success of each party on different claims.

Court Disposition

Order for costs varied; otherwise motion dismissed; no order as to the costs of the motion.

Orders

['Vary Order 6 made by this Court on 7 July 2009 by substituting an order that the respondent pay 80% of the costs of the appeal, and 60% of the costs of the relevant proceedings in the Equity Division.' 'Motion otherwise dismissed.' 'No order as to the cost of the motion.']