Costi Cohen Pty Ltd v Bo (No.2)

District Court

New South Wales

Medium Neutral Citation:

Costi Cohen Pty Ltd v Bo (No.2) [2025] NSWDC 385

Hearing dates:

On the papers

Date of orders:

26 September 2025

Decision date:

26 September 2025

Jurisdiction:

Civil

Before:

Habib SC DCJ

Decision:

(a) Judgment for the plaintiff against the defendant in the amount of $166,100;

(b) Order that the defendant pay the plaintiff the amount of $17,137.94 on account of interest calculated in accordance with section 100 of the Civil Procedure Act 2005 (NSW) for the period 14 June 2024 to 12 September 2025.

(c) The defendant's cross-claim filed 19 May 2024 be dismissed.

(d) The costs of 8 October 2024 and 4 April 2025 be costs in the cause.

(e) The defendant to pay the plaintiff's costs of the proceedings, including the costs of the cross-claim as agreed or assessed.

Freezing Order

(f) On the plaintiff, by its solicitor, continuing to give the usual undertaking as to damages set out in Schedule A to the Penal Order, Order 5 of the Orders of the Court on 3 October 2024 (as varied by Orders 1-2 of the Orders of the Court of 8 October 2024) making orders 1 to 17 (noting there are no orders 8 or 9) of the Penal order set out in attachment A to the Orders of 3 October 2024, is extended until further order.

Catchwords:

COSTS – apportionment – indemnity costs

Legislation Cited:

Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law

Contracts ReviewAct 1980 (NSW)

Uniform Civil Procedure Rules 2005 (NSW) r20.65 r42.1

Cases Cited:

Doppstadt Australia Pty Ltd v Lovick & Sons Developments Pty Ltd (No 2)

Michael Hill Jeweller (Australia) Pty Ltd v Gispac Pty Ltd (No 2) [2024] NSWCA 274

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Costi Cohen Pty Ltd (Plaintiff)
Yin Bo (Defendant)

Representation:

Counsel:
Mr P Folino-Gallo (Plaintiff)
Mr P Reynolds (Defendant)

Solicitors:
Hitch Advisory (Plaintiff)
MLH Lawyers (Defendant)

File Number(s):

2024/356522

Publication restriction:

Nil

JUDGMENT

1. On 12 September 2025, the Court delivered judgment (“Principal Judgment”) in these proceedings finding that Mr Bo was liable to Costi Cohen in the amount of $166,100 and ordered that the parties provide to the Court:

1. orders giving effect to the judgment; and

2. any submissions on costs.

2. The parties provided competing orders and provided submissions on costs. Notwithstanding the form of the orders made on 12 September 2025, the parties agreed that the Court could resolve the question of the final orders to be made, including in relation to costs, on the papers.

3. Terms used in this judgment carry the same meaning as they did in the Principal Judgment.

Orders giving effect to the judgment

4. Each party agreed that to give effect to the judgment, at least, the following orders should be made:

1. Judgment for the plaintiff against the defendant in the amount of $166,100;

2. Order that the defendant pay the plaintiff the amount of $17,137.94 on account of interest calculated in accordance with s. 100 of the Civil…