Chow v Chow (No 2)

The case of Chow v Chow involved a dispute between family members over the sale of a property, following a court decision to order the sale. The nature of the dispute was centred on the allocation of costs associated with the sale and the proceedings. The matter was before the Supreme Court of New South Wales.

The legal issues the court was required to decide included whether the usual order for all costs to be paid out of the proceeds of the sale was appropriate, and if the conduct of one party causing a delay should be taken into account when determining costs. Additionally, the court needed to determine whether the substantial costs incurred during negotiations from 2011 to 2015 should be considered as part of the costs of the proceedings.

The court held that the usual order for all costs to be paid out of the proceeds of the sale was appropriate, but the conduct of one party causing a delay was a significant factor to consider. The court found that the substantial costs incurred during the negotiations were not to be considered as part of the costs of the proceedings, as they were incurred prior to the commencement of the proceedings. The court carefully considered the evidence and arguments presented by both parties before reaching its decision.

The court's final orders reflected its reasoning, determining the appropriate allocation of costs and making clear the parameters for future proceedings in similar cases. The court ordered that the costs of the sale and the proceedings were to be paid out of the proceeds, but with adjustments to account for the delay caused by one party. The court also ruled that the substantial costs incurred during negotiations were not to be considered as part of the costs of the proceedings.