Medlab v Zhou [2018] NSWSC 1643

Medlab v Zhou [2018] NSWSC 1643

Where proceedings are discontinued at interlocutory stage with undertakings resolving the substantive dispute and there is no final determination on merits, the Court generally will not order costs unless exceptional circumstances exist.

Parties
First Plaintiff: Medlab Pty Ltd; Second Plaintiff: Medlab IP Pty Ltd; Defendant: Yusi (Joyce) Zhou
Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Commercial Dispute / Interlocutory Hearing
Outcome
No order as to costs
Legal Topics
Costs Discretion, Confidential Information, Undertakings, Interlocutory Proceedings
Equity Costs Costs Discretion Confidential Information Undertakings Interlocutory Proceedings

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Parties

Medlab Pty Ltd

First Plaintiff

Medlab IP Pty Ltd

Second Plaintiff

Yusi (Joyce) Zhou

Defendant

Procedural Posture

Commercial Dispute / Interlocutory Hearing

Legal Issues

  1. 1 Should costs be awarded to plaintiffs when proceedings resolved at interlocutory stage?
  2. 2 Did defendant comply with undertakings relating to confidential information?

Ratio Decidendi

Where proceedings are discontinued at interlocutory stage with undertakings resolving the substantive dispute and there is no final determination on merits, the Court generally will not order costs unless exceptional circumstances exist.

Court Disposition

No order as to costs

Orders

  • No order as to costs to date
  • USB stick containing confidential information to be handed out to plaintiffs