Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:

1. Judgment in relation to these proceedings was delivered on 2 April 2025 (Niu v Lu [2025] NSWDC 103 ('the judgment')). The plaintiff's claims were dismissed.

2. The defendant, Mr Lu, now seeks an order for costs, partly on an indemnity basis.

3. Mr Niu submits that the appropriate order for costs is that the plaintiff pay the defendant's costs of the proceedings on the ordinary basis, as agreed or assessed.

The defendant's submissions

4. Mr Lu's primary submission is that the Court should make the following costs order:

The plaintiff to pay the defendant's costs on the ordinary basis until 2 January 2024, and thereafter on an indemnity basis, as agreed or assessed.

5. Mr Lu's alternative submission is that, in the event that the Court is not inclined to make the order set out in [4] above, the following order should be made:

The plaintiff to pay the defendant's costs of proving the matters set out in the Notice to Admit Facts and Authenticity of Documents dated 21 December 2023 on an indemnity basis, and all other costs on the ordinary basis, as agreed or assessed.

6. On 21 December 2023, pursuant to rules 17.3 and 17.4 of the Uniform Civil Procedure Rules 2005 ('the Rules'), Mr Lu issued a Notice to Admit Facts and Authenticity of Documents ('the Notice') to Mr Niu. The Notice required Mr Niu to admit the authenticity of the 'Repayment Agreement' dated 24 August 2017, which was annexed to the Notice. The Notice also required Mr Niu to admit the following facts:

* That the plaintiff executed the 'Repayment Agreement',

* That the plaintiff executed the 'Repayment Agreement' on or about 24 August 2017,

* That the plaintiff is referred to as 'Party A' in the 'Repayment Agreement',

* That the 'loan' referred to in paragraph 1 of the 'Repayment Agreement' refers to money(s) 'Party B' borrowed in the amount of AUD260,000 between March and June 2017,

* That 'Party B' in fact borrowed from the plaintiff the amount of AUD260,000 as a 'loan' as referred to in paragraph 1 of the 'Repayment Agreement',

* That the terms of the 'loan' as between the plaintiff and 'Party B' is as set out in paragraph 1 of the 'Repayment Agreement',

* That the plaintiff knew that the 'loan' would be used by 'Party B' to partially settle 'Party C's' 'customer debts' as referred to in paragraph 5 of the 'Repayment Agreement'.

7. The plaintiff served a Notice Disputing Facts and Authenticity of Documents on 3 January 2024 in which the plaintiff said that he disputed the authenticity of the 'Repayment Agreement' and disputed every fact that the Notice asked him to admit.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198078e5a51ffa6d65bfafc1)

Disclaimer: Curated by HT Syndication.