An v Joo (No 2)

[2020] NSWSC 377

Supreme Court of NSW

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party and party costs
4. › General rule that costs follow the event
5. › Proceedings discontinued or dismissed without hearing on merits
6. › Whether court should make costs order
7. › Application of Lai Qin principle
8. › Whether parties acted reasonably
1. Practice and Procedure
2. › Costs
3. › Charitable trust proceedings
4. › Common fund costs orders
5. › Re Buckton categories
6. › Whether proceedings fell within second category
7. › Whether adversarial character precluded common fund order
1. Practice and Procedure
2. › Costs
3. › Costs of costs application
4. › Whether unsuccessful applicant for costs should pay costs of the costs hearing

Quick Take

Where proceedings concerning charitable entities are dismissed without a merits hearing, the Lai Qin principle (no order as to costs where both parties acted reasonably) takes precedence over the Re Buckton common fund principle, because Re Buckton depends upon there having been a litigated outcome. The adversarial character of proceedings may also preclude reliance on the second category of Re Buckton even where the plaintiff was not motivated by personal benefit.