Tam v Super Season Pty Ltd (No.2) [2023] NSWSC 460

Supreme Court New South Wales

Medium Neutral Citation: Tam v Super Season Pty Ltd (No.2) [2023] NSWSC 460 Hearing dates: 27 April 2023 Date of orders: 05 May 2023 Decision date: 05 May 2023 Jurisdiction: Common Law Before: Garling J Decision: See [47] Catchwords: COSTS — Civil Procedure Act 2005, s 98(4)(c) — application by plaintiff and first defendant for gross sum costs orders against the second defendant — where indemnity costs order had been previously been made against the second defendant — whether appropriate to make gross sum costs order — where second defendant did not oppose the making of a gross sum costs order but sought a discount on the claimed costs — gross sum costs order made — no discount applied on the claimed costs — order against the second defendant for costs of the motion seeking the gross sum costs order also made Legislation Cited: Civil Procedure Act 2005 Cases Cited: Bell v Hartnett Lawyers (No.2) [2021] NSWSC 1270 Bobb v Wombat Securities Pty Ltd (No.2) [2013] NSWSC 863 Cabo Concepts Ltd v MGA Entertaining (UK) Ltd [2022] EWHC 2024 (Pat) Coshott v Barry & Board [2017] NSWSC 1435 Hamod v State of NSW [2011] NSWCA 375 Hancock v Rinehart [2015] NSWSC 1640 Harrison & Anor v Shipp [2002] NSWCA 213 James v Australia & New Zealand Banking Group Ltd [2017] NSWCA 84 Tam v Super Season Pty Ltd [2022] NSWSC 1366 Texts Cited: Not Applicable Category: Procedural rulings Parties: Ching Tam (P) Super Season Pty Ltd (D1) Victoria WorkCover Authority (D2) Representation: Counsel: J McEnaney (P/Applicant) M Hamdan (D1/Applicant) I Griscti (D2/Respondent)