McCabe v Riechelmann (No 3) [2023] NSWDC 280

District Court New South Wales

Medium Neutral Citation: McCabe v Riechelmann (No 3) [2023] NSWDC 280 Hearing dates: 20 July 2023 Date of orders: 20 July 2023 Decision date: 20 July 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the proceedings: (1) Pursuant to section 98 of the Civil Procedure Act 2005 and Regulation 2 of Schedule 1 of the Legal Profession Uniform Law Application Act 2014 ("the Act") the defendant is to pay the plaintiff's costs of the Statement of Claim proceedings as agreed or assessed capped at $10,000 for legal services as defined by Regulation 2 of Schedule 1 of the Act. The defendant is also to pay the plaintiff's disbursements for the Statement of Claim proceedings as agreed or assessed except as limited by Regulation 2 of Schedule 1 of the Act; (2) The defendant cross‑claimant is to pay to the plaintiff/cross‑defendant the plaintiff's/cross‑defendant's costs of the Cross-Claim proceedings as agreed or assessed on the ordinary basis up to and including 9 January 2022 and on an indemnity basis from 10 January 2022 to 8 June 2023; (3) Pursuant to the Civil Procedure Regulation 2017, Regulation 10(2)(a), the defendant/cross‑claimant is to pay the Court hearing fees in respect of the hearing of the proceedings; (4) Liberty to apply on three days' notice. Note: The plaintiff concedes in relation to order (1) that the capped fees include barristers fees. In relation to the Notice of Motion filed 29 June 2023: (1) Upon the defendant through her counsel giving undertakings to the Court, first, not to sell or otherwise dispose of her interest in the property known as Unit [XXX] The Esplanade, Cronulla in the State of New South Wales without giving 14 days' notice to the solicitor for the plaintiff and, secondly, to prosecute the appeal brought by Notice of Appeal filed 19 May 2023 with all due dispatch, stay until the determination of the appeal or until further order, any orders as to costs and disbursements and hearing fees made by the Court on 20 July 2023 in the proceedings. (2) The costs of the Notice of Motion are to be costs in the cause of the appeal filed on 19 May 2023. Note: the undertakings referred to in order (1) above were made to the Court. Catchwords: COSTS – capped costs - whether GST is included in capped costs – treatment of disbursements in orders – stay of costs orders Legislation Cited: A New Tax System (Good and Services Tax) Act 1999 (Cth) Civil Procedure Act 2005 Civil Procedure Regulation 2017 Legal Profession Uniform Law Application Act 2014 Cases Cited: McCabe v Riechelmann [2023] NSWDC 44 McCabe v Riechelmann (No 2) [2023] NSWDC 201 Category: Costs Parties: David Terance McCabe (Plaintiff) Julie Riechelmann (Defendant) Representation: Counsel: J Dodd (Plaintiff) J Morris SC and M Bridger (Defendant)