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Chan, Michelle Siu Pik & Assets China P/L (ACN 093 530 593) v Eastern Blue P/L (ACN 620 756 694) & Zhang, Mian  VSCA 152
Victorian Court of Appeal
Kyrou and Niall JJA
Chan, Michelle Siu Pik & Assets China P/L (ACN 093 530 593) v Eastern Blue P/L (ACN 620 756 694) & Zhang, Mian
4 June 2021
COSTS - Respondents made claims in contract and restitution against applicants - Magistrate dismissed applicants' no-case submission against respondents - Magistrate awarded respondents damages in contract and dismissed applicants' counterclaim - Applicants' appeal to Trial Division against damages award dismissed - Court of Appeal held first applicant had no defence to claim in restitution, and damages award in contract could not be sustained - First applicant refused leave to appeal - Second applicant granted leave to appeal and its appeal allowed - Applicants ordered to pay respondents' costs of no case submission and counterclaim, otherwise parties to bear own costs of Magistrates' Court proceeding, Trial Division proceeding and Court of Appeal proceeding.