Costi Cohen Pty Ltd v Bo (No.2)

In the case of Costi Cohen Pty Ltd v Bo (No.2), the plaintiff, Costi Cohen Pty Ltd, sought damages against the defendant, Bo, for breach of contract. The dispute was heard in the Supreme Court of New South Wales. The plaintiff argued that the defendant had failed to meet contractual obligations, leading to financial losses. The defendant, in turn, filed a cross-claim against the plaintiff.

The court was required to determine several legal issues, including whether the plaintiff had indeed suffered damages as a result of the defendant's actions and if so, the extent of those damages. Additionally, the court had to consider the appropriate apportionment of costs between the parties, including whether indemnity costs should apply to either party. The court also needed to rule on the validity and enforcement of a freezing order affecting the plaintiff, which was initially imposed to prevent the dissipation of assets.

The court found in favour of the plaintiff, awarding them $166,100 in damages. The court also ordered the defendant to pay interest and dismissed the defendant's cross-claim. The court emphasised that the defendant was to cover all costs of the proceedings, including those related to the cross-claim, either as agreed or assessed. The freezing order was extended to ensure continued protection of the plaintiff's assets.

The court ordered that the defendant pay the plaintiff $17,137.94 for interest accrued from 14 June 2024 to 12 September 2025. The costs of the proceedings on 8 October 2024 and 4 April 2025 were to be borne by the parties as per the cause. The freezing order was extended until further notice, with the plaintiff required to maintain the usual undertaking regarding damages.