Gabriel v Grech (No 6) [2020] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Gabriel v Grech (No 6) [2020] NSWSC 1220 Hearing dates: On the papers Decision date: 09 September 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Fix the amount of the judgment ordered in favour of the plaintiff on 11 March 2020 by this Court in the sum of $21,942.77 being $15,900.00 plus pre-judgment interest up to 10 March 2017 in the sum of $6,042.77. (2) Set aside the following orders made by Atkinson LCM on 11 August 2017: "3. Order that Joseph Gabriel [the plaintiff] pay Paul Grech's [the defendant's] costs on the ordinary basis as agreed or assessed. 4. Order that Joseph Gabriel [the plaintiff] to [sic] pay 50% of DMC's [the cross-defendant's] costs on the ordinary basis as agreed or assessed." (3) In lieu of order 3 made by Atkinson LCM on 11 August 2017, order Paul Grech (the defendant) to pay Joseph Gabriel's (the plaintiff's) costs of the proceedings in the Local Court. (4) In lieu of order 4 made by Atkinson LCM on 11 August 2017, order Drive My Car Rentals Pty Ltd (the cross-defendant in the Local Court) to pay the plaintiff's costs of the proceedings in the Local Court from 4 November 2014. (5) Order DMC to pay the plaintiff's costs of DMC's notice of motion to strike out the proceedings and DMC's notice of motion for security for costs and 75% of the plaintiff's costs of the proceedings in this Court. Catchwords: COSTS — Party/Party — Court's discretion — Factors relevant to exercise of discretion — Costs in Local Court proceedings and subsequent appeal to Supreme Court — Multiple Calderbank offers made by active parties in both proceedings — Conduct which prolonged proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, s 98 Local Court Act 2007 (NSW), s 41 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Berkeley Challenge Pty Ltd v Potbury [1997] NSWCA 44 Calderbank v Calderbank [1975] 3 All ER 333 Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 Gabriel v Grech [2018] NSWSC 1652 Gabriel v Grech [2019] NSWSC 1163 Gabriel v Grech (No 3) [2020] NSWSC 218 Insurance Exchange of Australasia v Dooley (2000) 50 NSWLR 222; [2000] NSWCA 159 Category: Costs Parties: Joseph Gabriel (Plaintiff) Drive My Car Rentals Pty Ltd (Second Defendant) Mark Gabriel (Third Defendant) Representation: Counsel: S A Baron Levi (Plaintiff and Third Defendant) M Ashhurst SC / P Barham (Second Defendant)