J and E Vella Pty Limited v Hobson (No 2) [2020] NSWCA 256

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: J and E Vella Pty Limited v Hobson (No 2) [2020] NSWCA 256 Hearing dates: 14 October 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Before: Basten JA at [1]; Brereton JA at [4] Decision: Application for leave to appeal dismissed with costs. Catchwords: COSTS — Costs assessment — Determination – Gross sum costs order – Conflict between assessment of costs undertaken by solicitor of party entitled to costs and expert costs consultant – $36,000 in dispute – Where no objection taken to solicitor's affidavit evidence, and he was not cross-examined – Where some arguments raised on appeal relate to unchallenged orders not the subject of appeal Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Cases Cited: Australian Health & Nutrition Accounting Limited v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Hancock v Rinehart (Lump Sum Costs) [2015] NSWSC 1640 In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 797 In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 861 Re Beverage Freight Services Pty Ltd [2020] NSWSC 509 Category: Principal judgment Parties: J and E Vella Pty Limited (First Applicant) Joseph Gregory John Vella (Second Applicant)

Brian Charles Hobson (First Respondent) Hynadam Pty Limited (Second Respondent) Brett Soper (Third Respondent) Mechita Pty Limited (Fourth Respondent) Beverage Freight Services Pty Limited (Fifth Respondent) Beverage Distribution Australia Pty Limited (Sixth Respondent) Representation: Counsel: G A Sirtes SC w A F Fernon SC (Applicants) M Ashurst SC w M Dolenec (Respondents)