Background:
- The plaintiffs, Weihe Wang, Guilian Tian, and Weihe Investments Ltd., invested in two residential development properties based on an agreement with the defendants.
- The defendants, including Ying Ping Guo, Yunal Kumar Nath, and Jozsef Horvath, mismanaged and misappropriated project funds, leading to financial losses.
- The trial judgment found Nath, Horvath, and their companies liable for $5,164,950 in damages.
Legal Issues and Arguments:
- The plaintiffs sought costs against Nath, Horvath, Guo, Developro Construction Ltd., and Vantone Development Group Ltd.
- Guo contested his liability for costs, arguing that fraud and conspiracy allegations against him were unproven.
- Ms. Xie, having been cleared of liability, sought costs against the plaintiffs.
- Katarina Horvath was found liable for knowing receipt of misappropriated funds and disputed her share of costs.
Court's Decision on Costs:
- Guo’s Costs: Found fully liable for the plaintiffs’ costs, jointly and severally with Nath, Horvath, and their companies. His argument that fraud allegations were baseless did not exempt him.
- Xie’s Costs: Awarded $10,000 in costs, offset against a prior costs order against her.
- Katarina Horvath’s Costs: Held severally liable for 5% of the plaintiffs’ costs, proportional to her liability.
Total Award & Costs:
- Plaintiffs awarded full costs against Nath, Horvath, Guo, Developro, and Vantone Developments.
- Ms. Xie’s costs were offset, and Ms. Horvath’s liability was limited to 5% of the plaintiffs’ total costs.