Sethi v The Owners – Strata Plan 93392 (No 8) [2024] NSWSC 213

Supreme Court New South Wales

Medium Neutral Citation: Sethi v The Owners – Strata Plan 93392 (No 8) [2024] NSWSC 213 Hearing dates: On the papers Date of orders: 06 March 2024 Decision date: 06 March 2024 Jurisdiction: Common Law Before: Chen J Decision: Order, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff pay the defendant's costs of the proceedings, and of the notice of motion filed 17 November 2023, in the gross sum of $213,000.00. Catchwords: COSTS – party/party – self-represented litigant – where application made by defendant for gross sum costs orders under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) following summary dismissal of plaintiff's claim – where conduct of the plaintiff significantly increased costs and disbursements incurred by the defendant – application granted Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119; [1995] FCA 350 Brown v The Stables Perisher Management Pty Ltd (No 2) [2022] NSWSC 902 Hamod v State of New South Wales [2011] NSWCA 375 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Sethi v The Owners – Strata Plan No 93392 (No 6) [2023] NSWSC 1368 Sethi v The Owners – Strata Plan 93392 (No 7) [2023] NSWSC 1647 Category: Costs Parties: Akhil Sethi (plaintiff) The Owners – Strata Plan 93392 (defendant) Representation: Solicitors: Plaintiff (self-represented) Eakin McCaffery Cox (defendant) File Number(s): 2023/00137553 Publication restriction: Nil