Chao v Chao (No 4) [2008] NSWSC 1413

Chao v Chao (No 4) [2008] NSWSC 1413

The appropriate costs order reflects the plaintiff's overall substantial success, but with allowance for the defendant's partial success on part of the cross-claim, and the plaintiff to bear costs of the motion to reopen due to partial responsibility for the necessity for that application.

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Equity / Post Judgment; Costs Determination
Outcome
Costs varied: plaintiff to pay defendant's costs of motion to reopen; defendant to pay two-thirds of plaintiff's costs; plaintiff's application for payment into court refused.
Legal Topics
['costs' 'trusts' 'interlocutory Proceedings']
['equity' 'civil Procedure'] ['costs' 'trusts' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Equity / Post Judgment; Costs Determination

Legal Issues

  1. 1 ['Whether and how the costs should be allocated between the plaintiff and defendant in light of the respective successes and unsuccessful claims; relevance of informal offers of compromise to costs; consequences of conduct leading to interlocutory motion; whether payment to defendant should be made into court or trust pending costs assessment']

Ratio Decidendi

The appropriate costs order reflects the plaintiff's overall substantial success, but with allowance for the defendant's partial success on part of the cross-claim, and the plaintiff to bear costs of the motion to reopen due to partial responsibility for the necessity for that application.

Court Disposition

Costs varied: plaintiff to pay defendant's costs of motion to reopen; defendant to pay two-thirds of plaintiff's costs; plaintiff's application for payment into court refused.

Orders

  • ["Order 5 of 4 November 2008 revoked and substituted: plaintiff to pay defendant's costs of the motion filed 23 May 2008 and heard 3 June 2008." "Defendant to pay two-thirds of plaintiff's costs of the proceedings, including affidavits filed and served subsequent to 3 June 2008 and the hearing on 26 August 2008,...