Zhang v Minox Securities Pty Ltd; Liu v Minox Securities Pty Ltd [No 2]

In *Zhang v Minox Securities Pty Ltd; Liu v Minox Securities Pty Ltd [No 2]*, the Court of Appeal of New South Wales considered an application to vary an earlier costs order. The original proceedings involved disputes between the applicants, Zhang and Liu, and the respondent, Minox Securities Pty Ltd.

The primary legal issue before the Court of Appeal was the appropriate apportionment of costs following the earlier appeal and proceedings in the Equity Division. Specifically, the court had to determine whether the initial costs order, which had been made by this Court on 7 July 2009, should be varied to reflect a different percentage of liability for the costs of the appeal and the proceedings in the Equity Division.

The Court of Appeal reasoned that a variation to the costs order was warranted. It applied principles of costs apportionment, considering the relative success of the parties on appeal and in the primary proceedings. The court concluded that the respondent should bear a greater proportion of the costs than initially ordered.

Consequently, the Court of Appeal ordered that Order 6 made on 7 July 2009 be varied to provide that the respondent pay 80% of the costs of the appeal and 60% of the costs of the proceedings in the Equity Division. The motion to vary the costs order was otherwise dismissed, and there were no orders as to the costs of the motion itself.