Zhu v Wang (No 2)
Case
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[2022] NSWCA 105
•23 June 2022
Details
AGLC
Case
Decision Date
Zhu v Wang (No 2) [2022] NSWCA 105
[2022] NSWCA 105
23 June 2022
CaseChat Overview and Summary
In *Zhu v Wang (No 2)*, the New South Wales Court of Appeal considered an application for costs following an appeal. The dispute concerned the costs of proceedings at first instance and the costs associated with an appeal, including the costs incurred due to a late amendment to the notice of appeal.
The Court was required to determine how the costs of the proceedings at first instance should be allocated between the parties, and to decide whether any costs orders should be made in relation to the appeal itself, particularly in light of the amended notice of appeal.
The Court ordered that the first, second, and third defendants were to pay the plaintiff’s costs of the proceedings at first instance. Conversely, the plaintiff was ordered to pay the fourth and fifth defendants’ costs of the proceedings at first instance. The appellants were directed to pay the respondents’ costs thrown away by reason of the further amended notice of appeal. Subject to this specific order regarding the amended notice of appeal, no further orders were made as to the costs of the appeal.
The Court was required to determine how the costs of the proceedings at first instance should be allocated between the parties, and to decide whether any costs orders should be made in relation to the appeal itself, particularly in light of the amended notice of appeal.
The Court ordered that the first, second, and third defendants were to pay the plaintiff’s costs of the proceedings at first instance. Conversely, the plaintiff was ordered to pay the fourth and fifth defendants’ costs of the proceedings at first instance. The appellants were directed to pay the respondents’ costs thrown away by reason of the further amended notice of appeal. Subject to this specific order regarding the amended notice of appeal, no further orders were made as to the costs of the appeal.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Res Judicata
Actions
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Citations
Zhu v Wang (No 2) [2022] NSWCA 105
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Zhu v Wang
[2021] NSWCA 240
Zhu & Ors v Wang
[2022] HCASL 32