Brylewski v Maclean (No 2) [2024] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Brylewski v Maclean (No 2) [2024] NSWSC 227 Hearing dates: On the papers Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Common Law Before: Basten AJ Decision: Order that the defendant pay the plaintiffs' costs of the proceedings in the possession list in an amount of $67,500. Catchwords: BANKRUPTCY – civil proceedings – proceedings resolved without order as to costs – sequestration order against estate of unsuccessful party – whether costs order could be made in civil proceedings after sequestration order COSTS – general rule that costs follow the event – whether subsequent events affect success – effect of delay in pursuing costs application – related issue raised in separate unresolved proceedings in Equity Division COSTS – form of order – order sought for assessment on indemnity basis – Calderbank offers by plaintiff – whether defendant unreasonable in failing to accept offers – gross costs order – complexity of case Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58(3), 82 Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 36.16(3A), 42.1 Cases Cited: Brylewski v Maclean [2022] NSWSC 1654 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52; [2007] HCA 56 Hamod v State of New South Wales [2011] NSWCA 375 Maclean v Brylewski [2022] NSWCA 217 Maclean v Brylewski [2023] NSWCA 128 Maclean v Brylewski [2023] NSWCA 173 Category: Costs Parties: Maria Brylewski (First Plaintiff) Tadeusz Brylewski (Second Plaintiff) Jacqueline Maclean (First Defendant) David Raynor (Second Defendant) Emil Radecki (Third Defendant) Representation: Counsel: Mr M Bennett (First and Second Plaintiff) Mr C Adamson (First Defendant) No appearance (Second Defendant) No appearance (Third Defendant)