Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 954 Hearing dates: On the papers Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Common Law Before: Harrison J Decision: See [17] Catchwords: COSTS – application for a gross sum costs order – where procedural history complex, protracted, and foreshadowed to continue – where matter at hand significantly more confined – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 778 Category: Costs Parties: Paul Mervyn Fordyce (Plaintiff) Claudia Leung (First Defendant) Rhodium NSW Pty Ltd (Second Defendant) The Trading House Pty Ltd (Third Defendant) Representation: Counsel: L D Corbett (Defendants)

Solicitors: HWL Ebsworth Lawyers (Defendants) File Number(s): 2022/292026 and 2022/292722 Publication restriction: Nil

Judgment 1. HIS HONOUR: I decided the principal proceedings on 10 July 2023: see Fordyce v Leung as executor of the estate of the late Robert Ho; Fordyce v Leung as executrix of the estate of the late Robert Ho [2023] NSWSC 778. The parties have now provided me with written submissions on the question of who should pay the costs of the proceedings before me.