When should a plaintiff be liable for the costs of a withdrawn summary judgment application?
Sebastian Hughes represented the successful defendant in Yao-Hua Kang v Joe-Hsiang Lin (HCA1926/2020, 18 November 2022), a first instance appeal before Deputy High Court Judge Le Pichon. Madam Justice Le Pichon confirmed the test as to whether a plaintiff ought to pay the defendant’s costs of a withdrawn summary judgment application is “whether the plaintiff knew or ought […]