Wet Fix Holding Pty Ltd v Mark Sean Smith and Anor [2023] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: Wet Fix Holding Pty Ltd v Mark Sean Smith and Anor [2023] NSWSC 924 Hearing dates: On the papers Decision date: 08 August 2023 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff must pay the costs of the second defendant pertaining to the two hearing days before me, and remaining aspects of the substantive matter, on the ordinary basis. (2) The plaintiff must pay the costs of the second defendant in the sum of $49,340, in accordance with a gross sum costs order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW). Catchwords: COSTS – security for costs order not complied with – a number of interlocutory appearances before proceedings ultimately dismissed- application for gross sum costs order by second defendant – where proceedings have been straightforward but protracted – specific evidence of costs incurred provided by second defendant – further discount applied for abundant caution – gross sum costs order made in favour of the applicant in the sum of $49,340. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Cases Cited: Bechara v Bates [2016] NSWCA 294 Texts Cited: G E Dal Pont, 'Law of Costs' (4th ed, 2018, Lexis Nexis Butterworths) Category: Costs Parties: Chris Chapman (applicant) Wet Fix Holding Pty Ltd (respondent) Representation: Counsel: M Cowden (applicant)

Solicitors: Brown Wright Stein Lawyers (applicant) Australian Law Partners (respondent) File Number(s): 2021/169213 Publication restriction: Nil