Brown v The Stables Perisher Management Pty Ltd (No 2) [2022] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Brown v The Stables Perisher Management Pty Ltd (No 2) [2022] NSWSC 902 Hearing dates: On the papers Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Equity - Real Property List Before: Bell CJ Decision: Order that: (1) The Defendant to pay the Plaintiffs' costs of the proceedings in the sum of $200,000. (2) The Defendant to file and serve an Affidavit of Mr Anstee with a copy sent to my Associate by 4.00pm on 14 July 2022 addressing the matters set out in paragraphs [47] and [48] of this judgment. (3) Any further submissions in relation to the account should be filed with my Associate by 4.00pm on 18 July 2022. Catchwords: COSTS – party/party – bases of quantification – indemnity basis – gross lump sum costs order RESTITUTION – restitution for wrongdoing – equity – unconscionable conduct – account of profits – failure properly to account Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4)(c) Cases Cited: Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd; In the matter of Combined Projects (Arncliffe) Pty Ltd (No 3) [2021] NSWSC 1537 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Hamod v State of New South Wales [2011] NSWCA 375 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 Category: Costs Parties: Karen Brown (First Plaintiff) Jake Brown (Second Plaintiff) Sam Brown (Third Plaintiff) The Stables Perisher Management Pty Ltd (Defendant) Representation: Counsel: