Golden v Howard (No 2) [2024] NSWSC 172

Supreme Court New South Wales

Medium Neutral Citation: Golden v Howard (No 2) [2024] NSWSC 172 Hearing dates: On the papers Date of orders: 28 February 2024 Decision date: 28 February 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff is to pay to the defendants the costs referred to in order 1 made on 6 December 2023, quantified in the sum of $15,000.00. Catchwords: COSTS – Gross sum costs order – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Legal Profession Uniform Law Application Act 2014 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Gabrielle v Abood (No 4) [2023] NSWCA 100 Hamod v State of New South Wales [2011] NSWCA 375 Category: Costs Parties: Joseph Golden (Plaintiff/Respondent) John Howard (Defendant 1/Applicant) Tony Burke (Defendant 2/Applicant) Representation: Plaintiff/Respondent in person

Counsel: V Thomas (Defendants/Applicants)

Solicitors: Ashurst (Defendants/Applicants) File Number(s): 2023/00076838

JUDGMENT

Introduction 1. On 6 December 2023, I made orders in these proceedings dealing with the question of costs relating to the judgment delivered on 22 November 2023 [1] as follows: "The Court orders that: 1. The Plaintiff is to pay the Defendants' costs of the Notice of Motion filed on 24 April 2023 insofar as it related to the application for summary dismissal, including the cost of the hearing on 21 August 23, and the cost of the proceedings generally apart from costs on the Notice of Motion filed 24 April 2023 relating to the application under the Vexatious Proceedings Act 2008 (NSW). 2. By 22 December 2023 the Defendants are to file and serve: a. written submissions and supporting evidence in relation to the orders as to costs sought in prayers 6 and 7 of their Notice of Motion dated 24 April 2023 (Defendants' Motion); … 3. By 24 January 2024 the Plaintiff is to file and serve: a. written submissions in relation to the orders as to costs sought in prayers 6 and 7 of the Defendants' Motion; and … The Court notes that: 5. The parties agree that the gross sum costs application in prayers 6 and 7 of the Notice of Motion dated 24 April 2023 can be dealt with on the papers." 1. This judgment deals with the defendants' application for a gross sum costs order in respect of the costs referred to in order 1 made on 6 December 2023 (the Gross Sum Costs). 2. In compliance with order 2 made on 6 December 2023, the defendants filed and served an affidavit of Mr John Pavlakis affirmed on 21 December 2023 and written submissions dated 21 December 2023. From my review of the file, I could not find any affidavit or submissions filed by Mr Golden dealing with the issue of the Gross Sum Costs. Given the other material filed by Mr Golden in January 2024, it appeared to me that he did not wish to provide any evidence or submissions in relation to the Gross Sum Costs. 3. The Gross Sum Costs are the defendants' costs of the notice of motion filed on 24 April 2023 insofar as it related to the application for summary dismissal, including the cost of the hearing on 21 August 23, and the cost of the proceedings generally apart from costs on that notice of motion relating to the application under the Vexatious Proceedings Act 2008 (NSW).