[2024] NSWSC 604
Nature’s Care Holdings Pty Ltd v Chen (No 6)
Costs of the first, second and third defendants of and incidental to the plaintiffs’ application for interlocutory orders, and costs of the third defendant of and incidental to the plaintiffs’ application to set aside the third defendant’s notice to produce to court, be paid by the plaintiff and third parties jointly and severally; third parties pay the costs of the defendants of the defendants’ notices of motion
Catchwords
COSTS – third party costs order – where third party costs order made – where dispute as to scope of that third party costs order
Cases cited
- Chen v Nature’s Care Holdings Pty Ltd[2024] NSWSC 36
- Nature’s Care Holdings Pty Ltd v Chen (No 2)[2024] NSWSC 107
- Nature’s Care Holdings Pty Ltd v Chen (No 3)[2024] NSWSC 245
- Nature’s Care Holdings Pty Ltd v Chen (No 4)[2024] NSWSC 379
- Nature’s Care Holdings Pty Ltd v Chen (No 5)[2024] NSWSC 533
Judgment
- [1]
The background of this matter is set out in my earlier judgments. [1] I shall use the same abbreviations here.
- [2]
On 11 April 2024, I gave judgment in relation to the defendants’ application for a third party costs order against JIC and Tamar.
- [3]
I decided that a third party costs order should be made.
- [4]
A dispute has now arisen between the Wu Parties and JIC and Tamar as to whether, following that decision, the costs orders I made on 15 February 2024, and varied by reason of my judgment of 11 April 2024, extended to:
- [5]
What I was dealing with in my judgment of 11 April 2024 was the defendants’ application to vary the order I made on 15 February 2024. That is what the defendants, and relevantly the Wu Parties, sought in their motions.
- [6]
The order I made on 15 February 2024 was:
- [7]
The “plaintiffs’ application” to which I referred in those orders was the plaintiffs’ application for an injunction to restrain the defendants from enforcing any rights under the Syndicated Facility Agreement.
- [8]
In relation to that application, Rees J had made an interim injunction and I refused to continue that interim injunction.
- [9]
What I dismissed was the entirety of the plaintiffs’ application; not merely their application to extend the interim injunction made by Rees J.
- [10]
In those circumstances, I make the following orders: [2]
- (1)
The costs of:
- (2)
JIC and Tamar pay the costs of the defendants of the defendants’ notices of motion heard by the Court on 12 March 2024 and 3 April 2024.
- (3)
The costs orders the subject of orders 1 and 2 above be assessable forthwith.
- (4)
The costs orders the subject of orders 1 and 2 above, as they relate to the third defendant’s costs and JIC and Tamar, be payable forthwith.
- (1)