Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (No 2) [2020] NSWSC 648

Zhao v Bonheur Holdings Pty Ltd atf Bonheur Holdings Trust (No 2) [2020] NSWSC 648

Although certain aspects of the plaintiffs' evidence were weak or unsatisfactory and there was some non-compliance with s 56 of the Civil Procedure Act, the application for a freezing order was not an abuse of process, nor did the unsatisfactory evidence comprise a substantial proportion of proceedings or hearing time. Therefore, only ordinary costs are awarded, not indemnity costs; however, the costs are to be payable forthwith due to the application comprising a discrete aspect of the proceedings.

Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Equity Duty List / Costs Determination Following Dismissal of Freezing Order Application
Outcome
Plaintiffs ordered to pay the defendants' costs of the notice of motion on the ordinary basis, such costs to be payable forthwith.
Legal Topics
['party/party Costs' 'indemnity Costs' 'freezing Orders' 'interlocutory Costs' 'civil Procedure Act 2005 (nsw)' 'uniform Civil Procedure Rules 2005 (nsw)']
['costs' 'civil Procedure' 'equity'] ['party/party Costs' 'indemnity Costs' 'freezing Orders' 'interlocutory Costs' 'civil Procedure Act 2005 (nsw)' 'uniform Civil Procedure Rules 2005 (nsw)']

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Procedural Posture

Equity Duty List / Costs Determination Following Dismissal of Freezing Order Application

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the plaintiffs for the freezing order application' 'Whether costs should be payable forthwith']

Ratio Decidendi

Although certain aspects of the plaintiffs' evidence were weak or unsatisfactory and there was some non-compliance with s 56 of the Civil Procedure Act, the application for a freezing order was not an abuse of process, nor did the unsatisfactory evidence comprise a substantial proportion of proceedings or hearing time. Therefore, only ordinary costs are awarded, not indemnity costs; however, the costs are to be payable forthwith due to the application comprising a discrete aspect of the proceedings.

Court Disposition

Plaintiffs ordered to pay the defendants' costs of the notice of motion on the ordinary basis, such costs to be payable forthwith.

Orders

  • ['Grant leave to the plaintiffs to file the affidavit of Yan Zhao affirmed on 20 May 2020 and the affidavit of Ibrahim Kammoun affirmed on 20 May 2020.' "Order that the plaintiffs pay the defendants' costs of and incidental to the plaintiffs' notice of motion filed on 29 April 2020." 'Order that those costs, as...