Dubow v Mid-Western Regional Council [2021] NSWSC 922

Supreme Court New South Wales

Medium Neutral Citation: Dubow v Mid-Western Regional Council [2021] NSWSC 922 Hearing dates: On the papers Decision date: 28 July 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order that the plaintiff pay the defendant's costs of the proceedings in the gross sum of $70,000. Catchwords: COSTS — Application for gross sum costs order pursuant to s 98(4) Civil Procedure Act 2005 (NSW) — Plaintiff unsuccessful at final hearing and various pre-trial applications — Need for several directions hearings and notices of motion prior to final hearing arose because of plaintiff's conduct — Reduction of gross sum to ensure plaintiff is not prejudiced by the application Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bechara (t/as Bechara and Company) v Bates [2016] NSWCA 294 Dubow v Mid-Western Regional Council [2021] NSWSC 225 Dubow v Mid-Western Regional Council [2021] NSWSC 699 Dubow v Mid-Western Regional Council [2021] NSWSC 767 Category: Costs Parties: Yolande Dubow (Plaintiff) Mid-Western Regional Council (Defendant) Representation: Counsel: In person (Plaintiff) S Fitzpatrick (Defendant)

Solicitors: Not applicable (Plaintiff) Lindsay Taylor Lawyers (Defendant) File Number(s): 2019/381044

Judgment

Introduction 1. On 25 June 2021, I made an order for costs in favour of the defendant, Mid-Western Regional Council (the Council), and granted liberty to the defendant to apply for an order that the costs be paid in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW): Dubow v Mid-Western Regional Council [2021] NSWSC 767. 2. On 8 July 2021, the Council applied for an order that its costs be paid in a gross sum of $80,000 and supported its application with an affidavit of Anna Sinclair, the Council's solicitor, affirmed on 8 July 2021. I directed that Yolande Dubow (the plaintiff) provide any submissions or evidence in response by 4pm on 23 July 2021. No submissions or evidence were received from the plaintiff in opposition to the Council's application.