Sui v Jiang (No. 2)

In the case of Sui v Jiang (No. 2), the dispute involved the determination of costs issues following the final hearing of a civil claim. The plaintiff, Sui, had previously succeeded in obtaining an interlocutory indemnity costs order against the defendants, Jiang, due to their significant breaches of a statutory duty under section 56(3) of the Civil Procedure Act 2005. The defendants had now succeeded on the merits of the claim, and the court was required to decide on the appropriate order to resolve all costs issues.

The court considered whether it was just and proportionate to order that the plaintiff should pay 50% of the defendants' costs on the ordinary basis. The court noted the previous breaches by the defendants and the plaintiff's successful application for an interlocutory indemnity costs order. The court held that an order to that effect was just and proportionate, given the circumstances of the case.

Accordingly, the court made an order that the plaintiff should pay 50% of the defendants' costs on the ordinary basis. This decision balanced the previous breaches by the defendants with the plaintiff's success on the merits, ensuring a fair and proportionate resolution of the costs issues.