Loumbos v Gray as a named partner of ClarkeKann (ABN 92 990 809 254) (No 2) [2021] NSWSC 1603

Supreme Court New South Wales

Medium Neutral Citation: Loumbos v Gray as a named partner of ClarkeKann (ABN 92 990 809 254) (No 2) [2021] NSWSC 1603 Hearing dates: 9 December 2021 Decision date: 09 December 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) The plaintiff is to pay the defendants' costs of the proceedings on the ordinary basis until 9 October 2018 as agreed or assessed and thereafter on an indemnity basis as agreed or assessed. Catchwords: COSTS — offers of compromise — necessary to set aside considerations of whether plaintiff has the ability to pay any costs order — application of Uniform Civil Procedure Rules 2005 (NSW), r 42.15A — order made in the terms sought by the defendants Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A Cases Cited: Loumbos v Gray as a named partner of ClarkeKann (ABN 92 990 809 254) [2021] NSWSC 1579 Category: Costs Parties: John Valentine Loumbos (Plaintiff) John James Montgomery Gray as a named partner of ClarkeKann (ABN 92 990 809 254) (First Defendant) Miles Robert Anderson as a named partner of ClarkeKann (ABN 92 990 809 254) (Second Defendant) Richard Michael Burr as a named partner of ClarkeKann (ABN 92 990 809 254) (Third Defendant) Steven Mark Cardell as a named partner of ClarkeKann (ABN 92 990 809 254) (Fourth Defendant) Dale Francis Cliff as a named partner of ClarkeKann (ABN 92 990 809 254) (Fifth Defendant) Timothy John Crumpton as a named partner of ClarkeKann (ABN 92 990 809 254) (Sixth Defendant) Timothy David Ferrier as a named partner of ClarkeKann (ABN 92 990 809 254) (Seventh Defendant) John Richard Paul Hunt as a named partner of ClarkeKann (ABN 92 990 809 254) (Eighth Defendant) Peter Lorrimer Karcher as a named partner of ClarkeKann (ABN 92 990 809 254) (Ninth Defendant) Paul Michael O'Dea as a named partner of ClarkeKann (ABN 92 990 809 254) (Tenth Defendant) Bernard Francis Tan as a named partner of ClarkeKann (ABN 92 990 809 254) (Eleventh Defendant) John Dominic Toigo as a named partner of ClarkeKann (ABN 92 990 809 254) (Twelfth Defendant) Belinda Eliza Hapgood (nee Weir) as a named partner of ClarkeKann (ABN 92 990 809 254) (Thirteenth Defendant) Shane Russell Williamson as a named partner of ClarkeKann (ABN 92 990 809 254) (Fourteenth Defendant) Representation: Counsel: In person (Plaintiff) A Horvath SC (Defendants)