Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (No 3)

In the matter of Yeo v Australian Securities and Investments Commission, in the matter of Ji Woo International Education Centre Pty Ltd (No 3), the court dealt with an application for costs. The primary focus was on determining a lump sum for costs associated with the application for lump sum costs, including fees for solicitors, counsel, and a costs consultant. This case involved the plaintiff, Yeo, who had her costs assessed by a costs consultant, Ms Solomon, a solicitor with extensive experience in legal costs disputes. The defendant, Australian Securities and Investments Commission, contested the claimed costs through their representative, Ms Drew.

The legal issues before the court centred on the reasonableness and appropriateness of the costs claimed by the plaintiff. Specifically, Ms Drew contested several aspects of the claimed costs, including the proportion of recoverable fees, the allowance for photocopying, the reasonableness of the counsel's fees, and certain disbursements. Ms Drew argued that the claimed costs were excessive, particularly regarding the proportion of recoverable fees and the photocopying costs. She also questioned the necessity and reasonableness of certain disbursements and video link fees.

The court, after considering the arguments and the evidence provided, determined that the plaintiff's costs were reasonable, albeit with some adjustments. The court found that while the case was not legally complex, it had a degree of complexity due to the language barrier and the plaintiff's location in South Korea. This complexity likely contributed to higher professional costs. However, the court also noted that some costs might not have been incurred had the case been handled on a party/party basis, and that there was likely some duplication due to the large team of legal practitioners involved. The court acknowledged Ms Solomon's expertise but concluded that her estimate should be adjusted to account for the factors mentioned. Ultimately, the court fixed the lump sum for the costs of the application at $15,598.00, comprising $5,000.00 for solicitor's costs, $3,000 for counsel's costs, and $7,598.00 for costs consultant's fees.

ORDERS:
1. The costs payable by Chi Hoon Choi pursuant to the order of the Court made on 2 February 2018 be fixed in the sum of $125,151.32.
2. Chi Hoon Choi pay the costs of the application for order 1 above fixed in the sum of $15,598.00.