Quach v Horvarth [2022] NSWSC 694

Supreme Court New South Wales

Medium Neutral Citation: Quach v Horvarth [2022] NSWSC 694 Hearing dates: 16 May 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the costs of the defendant in the gross sum of $10,414.09. (2) Pursuant to r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW), the orders of Campbell J made on 14 March 2022 are varied by adding to order [4] the words "and the Medical Council's costs of the notice of motion dated 9 June 2021". (3) Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), the orders of Campbell J made on 14 March 2022 are corrected by deleting from order [6] the reference to paragraph [10] of the judgment and inserting, in lieu thereof, a reference to paragraph [12] of the judgment. (4) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the costs of the Medical Council of New South Wales in the gross sum of $14,020.80. Catchwords: PRACTICE AND PROCEDURE – Costs – Gross sum costs orders – Whether such orders appropriate – History of proceedings – Gross sum orders made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Medical Practice Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Gedeon v Commissioner of the NSW Crime Commission (2008) 236 CLR 120; [2008] HCA 43 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Quach v Horvarth [2021] NSWSC 1401 Quach v Horvarth [2022] NSWCA 49 Quach v Horvarth [2022] NSWSC 248 Sedgwick v Varzonek (No 2) [2015] NSWSC 1612 Smoothpool v Pickering [2001] SASC 131 Wei Fan v South Eastern Sydney Local Health District (No 3) [2015] NSWSC 1620 Wentworth v Wentworth, 21 February 1996, NSWCA, unreported Category: Principal judgment Parties: Michael Van Thanh Quach – Plaintiff John Horvarth – Defendant Medical Council of New South Wales (Applicant) Representation: Counsel: Self-represented – Plaintiff N Regener – Defendant J Gatland – Applicant