Shao v Crown Global Capital Pty Limited (No 2) [2023] NSWSC 1114

Shao v Crown Global Capital Pty Limited (No 2) [2023] NSWSC 1114

There is no basis, on the facts or the conduct of the proceedings, to depart from the general rule that costs follow the event; the plaintiff would not have proceeded differently had the late defence been raised earlier and did not show that any exception to the general rule applied.

Parties
Plaintiff: Yakun Shao; First Defendant: Crown Global Capital Pty Ltd; Second Defendant: Crown Group Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Application to Vary Costs Order / Post Trial Costs Application
Outcome
Application to vary order 2 of the orders made on 14 July 2023 is dismissed
Legal Topics
Costs, Party/party Costs, Exceptions to Costs Following the Event, Late Amendment to Defence
Equity Commercial Law Costs Party/party Costs Exceptions to Costs Following the Event Late Amendment to Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Yakun Shao

Plaintiff

Crown Global Capital Pty Ltd

First Defendant

Crown Group Holdings Pty Ltd

Second Defendant

Procedural Posture

Application to Vary Costs Order / Post Trial Costs Application

Legal Issues

  1. 1 Whether defendants are entitled to costs prior to filing an amended defence raising a new successful ground
  2. 2 Whether an exception to the general rule that costs follow the event applies when defendants succeed on a late-raised defence
  3. 3 Whether costs of mediation should be awarded due to late raising of a defence

Ratio Decidendi

There is no basis, on the facts or the conduct of the proceedings, to depart from the general rule that costs follow the event; the plaintiff would not have proceeded differently had the late defence been raised earlier and did not show that any exception to the general rule applied.

Court Disposition

Application to vary order 2 of the orders made on 14 July 2023 is dismissed

Orders

  • The application to vary order 2 of the orders made on 14 July 2023 is dismissed.