Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales (No 2) [2023] NSWSC 1597

Supreme Court New South Wales

Medium Neutral Citation: Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales (No 2) [2023] NSWSC 1597 Hearing dates: On the papers Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Equity Before: Kunc J Decision: Gross sum costs order made Catchwords: COSTS – party/party – gross sum costs order – no issue of principle Cases Cited: Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales [2023] NSWSC 1250 Category: Costs Parties: Aidan Llewellyn trading as the Trustee for the House of Llewellyn (Plaintiff) State of New South Wales (First Defendant) New South Wales Treasury Corporation (Second Defendant) The Secretary, New South Wales Treasury (Third Defendant) NSW Trustee & Guardian (Fourth Defendant) Representation: Plaintiff (in person)

Counsel: E Dunlop (Defendants)

Solicitors: File Number(s): 2023/134084

JUDGMENT

Summary 1. On 19 October 2023, the Court dismissed the plaintiff's summons: Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales [2023] NSWSC 1250 (Judgment). These reasons assume familiarity, and should be read with, the Judgment. 2. At the conclusion of the Judgment, the Court ordered the plaintiff to pay the defendants' costs of the summons, including of the defendants' motion filed 9 June 2023 for the summary dismissal of the summons (which motion was successful). The Court ordered a timetable for the determination in chambers of the defendants' foreshadowed application for a gross sum costs order. 3. For the reason which follow, the Court accedes to the defendants' application for a gross sum costs order against the plaintiff in the amount of $8,167.63 (GST inc).