Arys Health Pty Ltd v David Le [2021] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: Arys Health Pty Ltd v David Le [2021] NSWSC 976 Hearing dates: On the papers Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Equity Before: Robb J Decision: The Court orders that pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) the costs payable by the plaintiff to the first defendant pursuant to order 4 made by the Court on 16 April 2021, upon the hearing of the first defendant's notice of motion filed on 2 March 2021, is specified in the gross sum of $16,500. Catchwords: COSTS — Costs assessment — Gross sum costs order — Where the first defendant sought an order that the plaintiff pay its costs on the indemnity basis and that the amount payable be assessed on a gross sum basis — Where the plaintiff failed to prosecute the proceedings with due despatch — Where the plaintiff's conduct with respect to the notice of motion was not so unreasonable as to warrant costs being ordered on the indemnity basis — Where the Court ordered that the plaintiff pay the first defendant's costs on the ordinary basis and assessed the costs on a gross sum basis discounted by 25% Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No 7) [2008] NSWSC 199; (2008) 65 ACSR 324 Category: Costs Parties: Arys Health Pty Ltd (plaintiff) David Le (first defendant) Sydney Mechanics' School of Arts (second defendant) Representation: Counsel: A Galapo (plaintiff) E Peden SC/ R Pietriche (first defendant)