Wallis v Rudek (No 6) [2021] NSWSC 1006

Supreme Court New South Wales

Medium Neutral Citation: Wallis v Rudek (No 6) [2021] NSWSC 1006 Hearing dates: On the papers Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Equity Before: Robb J Decision: See par 71 below. The Court orders that the plaintiffs' notice of motion filed on 3 February 2021 is dismissed, and that the plaintiffs pay to the defendant $48,000 assessed on a gross sum basis in respect of all reserved costs and costs of the proceedings not yet determined by the Court. The Court further orders that the freezing order made by the Court on 1 April 2021, and extended since that date, is dissolved. Catchwords: COSTS — Costs assessment — Gross Sum Costs Orders — Where the plaintiffs conduct has been so unreasonable as to be delinquent — Where the defendant has made attempts on multiple occasions to reasonably resolve the proceedings — Where the plaintiffs have failed to comply with numerous orders of the Court — Where there is no likelihood that the plaintiffs would cooperate in a cost assessment process — Where the Court orders the plaintiffs to pay to the defendant $48,000 assessed on a gross sum basis Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Wallis v Rudek (No 2) [2020] NSWCA 175 Wallis v Rudek (No 2) [2020] NSWSC 215 Wallis v Rudek (No 3) [2020] NSWSC 338 Wallis v Rudek [2020] NSWCA 207 Wallis v Rudek [2020] NSWCA 61 Wallis v Rudek [2020] NSWSC 1618 Wallis v Rudek [2020] NSWSC 162 Category: Costs Parties: Yuri Wallis (first plaintiff) Olga Wallis (second plaintiff) Suzanne Rudek (defendant) Representation: Counsel: J Bennett (defendant)