Gemma Constantinidis v Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis (No 2) [2023] NSWSC 160

Supreme Court New South Wales

Medium Neutral Citation: Gemma Constantinidis v Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis (No 2) [2023] NSWSC 160 Hearing dates: 24 February 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. I order that the plaintiff to pay the fifth defendant's costs amounting to $10,000.00 plus GST. 2. I order that the plaintiff to pay the seventh defendant's costs amounting to $10,000.00 plus GST. 3. I dismiss the proceedings against the tenth and twelfth defendants. Catchwords: COSTS – party/party – gross sums costs order – plaintiff self-represented – claims made struck out in earlier judgment – application for gross sum costs order by two defendants – where small sums involved – where assessment was likely to be protracted – where doubt about plaintiff's ability to meet costs order – gross sum orders made CIVIL PROCEDURE – originating process – where not served within six months of filing – where opportunity given to plaintiff to serve amended statement of claim – where no amended statement of claim filed or served – where failure to prosecute proceedings - proceedings against defendant dismissed CIVIL PROCEDURE – parties – where defendant named was apparently a business name – where r 7.19 UCPR not complied with – where plaintiff given opportunity to amend – where no amendment made – proceedings against defendant dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 7.19 Cases Cited: Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Gemma Constantinidis v Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis [2023] NSWSC 128 Hamod v State of New South Wales [2011] NSWCA 375 Harrison & Anor v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 500 Qasim v Bird & Ors (No 3) [2022] NSWSC 418 Zepinic v Chateau Constructions (Aust) Ltd (No. 2) [2014] NSWCA 99 Texts Cited: Nil Category: Costs Parties: Gemma Constantinidis (Plaintiff) Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis (First Defendant) Maxwell William Prentice, David Henry Sampson, Mitchel Warren Ball and Sampson Prentice Ball trading as BPS Recovery (Second Defendant) David Henry Sampson (Third Defendant) Nicole Greentree (Fourth Defendant) Jayne Edwards (Fifth Defendant) Jayne Edwards Reality Pty Ltd (Sixth Defendant) Michael Curtis (Seventh Defendant) Ray White Realty Hurstville Pty Ltd (Eighth Defendant) Security guard employed by Security One Pty Ltd in attendance at auction of matrimonial home on 7 November 2015 (Ninth Defendant) Security One Pty Ltd (Tenth Defendant) Auctioneer in attendance at auction of matrimonial home on 7 November 2015 (Eleventh Defendant) AAA Recycling (Twelfth Defendant) Dajana Malsernic (Thirteenth Defendant) Dominque Robinson (Fourteenth Defendant) Polczynski Robinson Lawyers (Fifteenth Defendant) Antonios Kontellis (Sixteenth Defendant) Representation: Counsel: No appearance (Plaintiff) C Perry (Fifth and Seventh Defendants)