Kalathas v Techtronic Industries Australia Pty Limited trading as AEG Power Tools (No 2) [2020] NSWDC 235

District Court New South Wales

Medium Neutral Citation: Kalathas v Techtronic Industries Australia Pty Limited trading as AEG Power Tools (No 2) [2020] NSWDC 235 Hearing dates: 15 May 2020 Date of orders: 26 May 2020 Decision date: 26 May 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The costs order in favour of the defendant made on 14 May 2019 is varied as set out in the following orders. (2) The plaintiff is to pay the defendant's costs of the proceedings on the ordinary basis up to and including 6 February 2019. (3) The plaintiff is to pay the defendant's costs of the proceedings on an indemnity basis from 7 February 2019 to 14 May 2019. (4) The plaintiff is to pay the defendant's costs of and incidental to the Notice of Motion filed 5 May 2020. (5) The Notice of Motion filed 5 May 2020 is otherwise dismissed. Catchwords: Costs – application for specified gross sum costs order – application for indemnity costs – no appearance by plaintiff at trial and proceedings dismissed – application made nearly one year after costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Kalathas v Techtronic Industries Australia Pty Limited trading as AEG Power Tools [2019] NSWDC 217 Kerry Albert Pty Ltd t/as Kerry Albert & Co v Fuller (No 2) [2018] NSWDC 383 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268 Toyota Finance Australia Ltd v Gardiner (No 2) [2016] NSWCA 181 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Procedural and other rulings Parties: Nektarios Kalathas (Plaintiff) Techtronic Industries Australia Pty Limited trading as AEG Power Tools (Defendant) Representation: Counsel: No appearance by plaintiff T Devaris (Solicitor)