Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust (No 3) [2022] NSWSC 936

Supreme Court New South Wales

Medium Neutral Citation: Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust (No 3) [2022] NSWSC 936 Hearing dates: 8 July 2022 Decision date: 13 July 2022 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order to be made for a gross sum costs order; order for interest on costs from date paid, for costs of the judicial advice proceedings and for indemnity costs refused Catchwords: COSTS – whether to make a gross sum costs order – whether to order interest on costs from date of payment – whether to make costs order in related judicial advice proceedings – whether to order indemnity costs Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Law 2014 (NSW) Cases Cited: Aesthete No 3 Pty Limited ACN 127 464 966 v Gilmore Finance Pty Limited ACN 104 792 627 and Anor. [2018] NSWDC 1 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2019] NSWCA 181 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust (No 2) [2022] NSWSC 557 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd (No 2) [2013] NSWCA 211 James v Australia and New Zealand Banking Group Ltd [2017] NSWCA 84 Category: Costs Parties: Gilmore Finance Pty Ltd (Plaintiff) Aesthete Pty Ltd as trustee for the Real Money Unit Trust (First Defendant) Aesthete No 3 Pty Ltd as trustee for the Hospital Precinct Unit Trust (Second Defendant) Farshad Amirbeaggi (Third Defendant) Vashti Elizabeth Conway (Fourth Defendant) Kate Elizabeth Yates (Fifth Defendant) Representation: Counsel: S W Aspinall (Plaintiff) D R Pritchard SC with A Macauley (First, Second and Third Defendants) J P Knackstredt (Fourth and Fifth Defendants)