Xu v Jinhong Design and Constructions Pty Ltd (No 2)

In *Xu v Jinhong Design and Constructions Pty Ltd (No 2)*, the Court of Appeal of New South Wales considered an application for costs following an earlier appeal. The primary dispute concerned a contract claim brought by the respondent against the appellants, which had been remitted to the Common Law Division for further trial. The present application focused on the costs of the appeal itself and the costs incurred at first instance.

The court was required to determine whether the points upon which the appellant was unsuccessful in the appeal constituted dominant or separable issues for the purpose of awarding costs. Additionally, the court had to decide whether to make orders in respect of the costs incurred at first instance, given that the respondent's contract claim had been remitted for further trial.

The court reasoned that the appellants had been largely successful on appeal, with the respondent's claim being remitted for further consideration. Consequently, the court ordered that the respondent pay the appellants' costs of the appeal. Regarding the costs incurred at first instance, the court directed that these would be considered at the further trial, rather than making an immediate order.