Zarfati v McMillan [2023] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: Zarfati v McMillan [2023] NSWSC 839 Hearing dates: On the papers. Submissions closed 11 July 2023. Date of orders: 18 July 2023 Decision date: 18 July 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to the Costs Order made on 21 April 2023, the plaintiff is to pay the defendants' costs of and incidental to the two notices of motion in the sum of $205,000.00 (inclusive of GST assuming, without deciding, that GST is payable in respect of all relevant services). (2) The amount to be provided under the Security for Costs Order made on 21 April 2023 is $155,000.00 (inclusive of GST assuming, without deciding, that GST is payable in respect of all relevant services). (3) The manner in which security under the Security for Costs Order is to be given is to be agreed between the parties within 35 days of these orders but, if agreement cannot be reached within that time, the parties have liberty to apply on two days' notice to have the manner in which such security is to be given determined by the Court. Catchwords: PRACTICE AND PROCEDURE – costs – gross sum costs order – security for costs order – no point of principle. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98(4)(c) Legal Profession Uniform Law (NSW), s 172 Legal Profession Uniform Law Application Act 2014 (NSW), ss 63, 76 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Eliezer v The Council of St Andrew's Cathedral School (No 2) [2021] NSWCA 227 Gabrielle v Abood (No 4) [2023] NSWCA 100 Hamod v State of New South Wales [2011] NSWCA 375 Haselhurst v Toyota Motor Corporation Australia Limited trading as Toyota Australia [2020] NSWSC 1607 Ohn v Walton (1995) 36 NSWLR 77 Re Niruzzi Pty Ltd [2012] NSWSC 773 Seafolly Pty Ltd v Maddern (No 6) [2015] FCA 1369 Sony Entertainment (Australia) Ltd v Smith [2005] FCA 228; 215 ALR 788 Zarfati v McMillan [2021] NSWSC 944 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Texts Cited: G E Dal Pont, Law of Costs (5th ed, 2021, LexisNexis) Category: Costs Parties: Frank Zarfati (Plaintiff) Robert McMillan (First Defendant) McMillan Investment Holdings Pty Limited (Second Defendant) Representation: Counsel: G Carolan (Plaintiff) A Bannon SC with J Svelha (Defendants)