Zacd Group Ltd v Bao (Costs)

FEDERAL COURT OF AUSTRALIA

ZACD Group Ltd v Bao (Costs) [2023] FCA 1626

File number(s):

NSD 604 of 2022

Judgment of:

HALLEY J

Date of judgment:

19 December 2023

Catchwords:

COSTS – application by defendant for costs of and incidental to case management hearings – where defendant seeks order that Court determine costs on lump sum basis and costs be payable forthwith – where case management hearings concerned dispute arising from defendant’s request to inspect a deed of settlement in related proceedings in Supreme Court of New South Wales – orders made that plaintiffs are to pay defendant’s costs of and incidental to the case management hearings, costs be determined by a Registrar on a lump sum basis and costs be payable within 28 days of Registrar’s determination

Legislation:

Federal Court Rules 2011 (Cth) rr 20.31, 20.35, 30.28, 40.13

Cases cited:

Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Hadid v Lenfest Communications Inc [2000] FCA 628

Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213

Richmond v Ora Gold Limited [2020] FCA 70

Sharif v Vitruvian Investments Pty Ltd (No 2) [2023] FCA 619

Watson v Kriticos (Costs of Summary Judgment Application) [2021] FCA 917

Division:

General Division

Registry:

New South Wales

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

50

Date of last submissions:

3 October 2023 (Defendant)
4 October 2023 (Plaintiffs)

Date of hearing:

Determined on the papers

Counsel for the Plaintiffs:

Mr N D Riordan

Solicitor for the Plaintiffs:

Thomson Geer

Counsel for the Defendant:

Ms Z M Hillman

Solicitor for the Defendant:

Clayton Utz

ORDERS

NSD 604 of 2022

BETWEEN:

ZACD GROUP LTD UEN 201630694E

First Plaintiff

ZACD (DEVELOPMENT4) LTD UEN 201816064H

Second Plaintiff

AND:

MR RICHARD BAO

Defendant

ORDER MADE BY:	HALLEY J
DATE OF ORDER:	19 DECEMBER 2023

THE COURT ORDERS THAT:

1.Rule 40.13 of the Federal Court Rules 2011 (Cth) be dispensed with.

2.The plaintiffs pay the defendant’s costs of and incidental to the case management hearings in these proceedings on 4 August 2023 and 4 September 2023 on a party and party basis in accordance with Orders 3 to 5 of these orders.

3.The defendant’s costs be assessed on a lump sum basis.

4.The matter be referred to a Registrar to determine the lump sum.

5.The plaintiffs are to pay the sum determined by the Registrar pursuant to Order 4 of these orders within 28 days of the Registrar’s determination of the lump sum.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

HALLEY J:

A.       INTRODUCTION

1. On 8 September 2023, I made orders that the parties file and serve written submissions on costs with respect to case management hearings in these proceedings on 4 August 2023 and

   
   

   4 September 2023 (case management hearings) and that the issue be determined on the papers.

2. The case management hearings were concerned with a dispute that had arisen between the…