DWA Insurance Pty Ltd v Community Broker Network Pty Ltd (No 3) [2020] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: DWA Insurance Pty Ltd v Community Broker Network Pty Ltd (No 3) [2020] NSWSC 1052 Hearing dates: On the papers Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Equity Before: Robb J Decision: See par [92]. Catchwords: COSTS — Party/Party — Costs orders in interlocutory proceedings — where there was an absence of full and frank disclosure by the plaintiff in an application for ex parte interlocutory orders in the Duty List — where it follows that the costs of and incidental to the injunction application are to be paid on the indemnity basis COSTS — Party/Party — Bases of quantification — where the Court has no rational basis for apportioning a proper amount of the total costs claimed by the defendant to the applications for which it will be required to bear its own costs — where it is not appropriate for the Court to make a gross sum costs order COSTS — Party/Party — Timing — Costs payable forthwith — where the subject matter of the plaintiff's interlocutory application was not discrete, in the relevant sense, from the issues that will be determined at the final hearing — where the delinquent behaviour of the plaintiff has been relevantly addressed by being required to pay costs on the indemnity basis — no obligation to pay the costs forthwith COSTS — Party/Party — Court's discretion — where the defendant is not entitled to an order that the plaintiff pay the difference between the legal costs incurred and the amount that is recovered under the costs order Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249; [1981] HCA 75 European Bank Ltd v Robb Evans of Robb Evans & Associates (2010) 240 CLR 432; [2010] HCA 6 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955 Westpoint Finance Pty Ltd v Chocolate Factory Apartments Ltd [2002] NSWCA 287; (2002) 12 BPR 22,969 Texts Cited: G E Dal Pont, Law of Costs (4th ed, 2018, LexisNexis Butterworths) Category: Costs Parties: DWA Insurance Pty Ltd (plaintiff) Community Broker Network Pty Ltd (defendant) Representation: Counsel: E Cheeseman SC / M Karam (defendant)