Allsop Investments Pty Ltd v Jerkovic [2023] NSWSC 899

Supreme Court New South Wales

Medium Neutral Citation: Allsop Investments Pty Ltd v Jerkovic [2023] NSWSC 899 Hearing dates: On the papers Date of orders: N/A Decision date: 02 August 2023 Jurisdiction: Equity Before: Richmond J Decision: Costs on motion not payable forthwith. Catchwords: COSTS — party/party — costs orders in interlocutory proceedings — where plaintiff seeks leave to amend pleadings — whether costs should be payable forthwith Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.7 Cases Cited: Allsop Investments Pty Ltd v Jerkovic [2021] NSWSC 1399 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1; [2002] NSWSC 432 Richmond v Ora Gold Limited [2020] FCA 70 Texts Cited: N/A Category: Costs Parties: Allsop Investments Pty Ltd (Plaintiff) Joe Peter Jerkovic (First Defendant) Gina Jerkovic (Second Defendant) Mortdale Estate Pty Ltd (Third Defendant) Representation: Counsel: Mr R Lovas (Plaintiff/Applicant) Mr R Tregenza (Defendants/Respondents)

Solicitors: George Loupos & Associates Lawyers (Plaintiff/Applicant) JemmesonFisher (Defendants/Respondents) File Number(s): 2018/349182 Publication restriction: N/A

JUDGMENT 1. On 28 March 2023 I granted the plaintiff leave to file a Second Further Amended Statement of Claim and made ancillary orders, including that the plaintiff pay the defendants' costs of and incidental to its Amended Notice of Motion. At the hearing the defendants sought an order for costs to be paid forthwith. By order 6 made on that day, I gave the parties leave to file written submissions on that question on the basis that it would be determined on the papers.