Almona Pty Ltd v Parklea Corporation Pty Ltd (No 5) [2020] NSWSC 1514

Supreme Court New South Wales

Medium Neutral Citation: Almona Pty Ltd v Parklea Corporation Pty Ltd (No 5) [2020] NSWSC 1514 Hearing dates: On the papers Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Grant leave to the third defendant to file in court the draft amended notice of motion provided to the Associate to Robb J on 5 June 2020. (2) Grant leave to the third defendant to file in court the affidavits of Felicity Louise Healy sworn on 2 June 2020 and 12 December 2018. (3) Order that the third defendant's amended notice of motion referred to in order 1 be dismissed. (4) Order the third defendant to pay the plaintiff's costs of the amended notice of motion, including the costs of the original notice of motion and the amended notice of motion before its filing, as well as the costs of the legal professional privilege claim made by the third defendant that was heard and determined on 5 June 2020. Catchwords: COSTS — Party/Party — Court's discretion — gross sum costs orders — where this is not an appropriate case for the Court to make a gross sum costs order — where, primarily, the Court is not able to make an estimate of costs that ought to be paid in a logical, fair and reasonable way Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Almona Pty Ltd v Parklea Corporation Pty Ltd [2019] NSWSC 1868 Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2) [2020] NSWSC 167 Almona Pty Ltd v Parklea Corporation Pty Ltd (No 3) [2020] NSWSC 226 Almona Pty Ltd v Parklea Corporation Pty Ltd (No 4) [2020] NSWSC 553 Hamod v State of New South Wales [2011] NSWCA 375 Category: Costs Parties: Almona Pty Ltd (plaintiff) Parklea Corporation Pty Ltd (first defendant) Secured Asset Portfolio III Limited (second defendant) PT Limited (third defendant) Representation: Counsel: D Williams SC / E Bishop (plaintiff / respondent) M Izzo SC / J Taylor (third defendant / applicant)