Qasim v Bird & Ors (No 3) [2022] NSWSC 418

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Bird & Ors (No 3) [2022] NSWSC 418 Hearing dates: On the papers Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. I order the plaintiff to pay costs of the first defendant in the sum of $12,000.00 plus GST. 2. I order the plaintiff to pay costs of the second defendant in the sum of $12,000.00 plus GST. 3. I order the plaintiff to pay costs of the fourth, eleventh, twelfth, thirteenth and fifteenth defendants in the sum of $4,500.00 plus GST. 4. I order the plaintiff to pay costs of the seventh defendant in the sum of $12,000.00 plus GST. 5. I order the plaintiff to pay the costs of the fifth and sixth defendants. Catchwords: COSTS – party/party – gross sums costs orders – successful defendants on notice of motion for summary disposal - where plaintiff sought costs assessments – doubtful capacity of plaintiff to meet costs orders – where plaintiff's conduct and approach increased costs – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4) Supreme Court Rules 1970 (NSW) Pt 52 r 6 Cases Cited: Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Chaina v Presbyterian Church (NSW) Property Trust (No 26) [2014] NSWSC 1009 Hamod v State of New South Wales [2011] NSWCA 375 Hamod v New South Wales (No 13) [2009] NSWSC 756 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Miles v Doyle (No 3) [2021] NSWSC 1524 Qasim v Bird & Ors [2022] NSWSC 258 Zepinic v Chateau Constructions (Aust) Ltd (No. 2) [2014] NSWCA 99 Texts Cited: Nil Category: Costs Parties: Shaheen Qasim (Plaintiff) Sarah Bird (First Defendant) Susan Doherty (Second Defendant) Don Chisholm (Fourth Defendant) Joseph Proietto (Fifth Defendant) Roger Smith (Sixth Defendant) Shaun McGrath (Seventh Defendant) Denis Cowdroy (Eleventh Defendant) Karen Arnold (Twelfth Defendant) Greg Fulcher (Thirteenth Defendant) Member Garling (Fifteenth Defendant) Representation: Counsel: In person (Plaintiff) S Maybury (First Defendant) J Duncan (Second Defendant) T Allchurch (Fourth, Eleventh, Twelfth, Thirteenth & Fifteenth Defendants) N Regener (Fifth & Sixth Defendants) T Saunders (Seventh Defendant)