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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 [2021] VSCA 152

COSTS
Victorian Court of Appeal
Judge(s): 
Kyrou and Niall JJA
Parties: 

Chan, Michelle Siu Pik & Assets China P/L (ACN 093 530 593) v Eastern Blue P/L (ACN 620 756 694) & Zhang, Mian

Judgment Date: 
4 June 2021
Catchwords: 

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.

Citation: