Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd (No 2) [2024] NSWSC 356

Supreme Court New South Wales

Medium Neutral Citation: Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd (No 2) [2024] NSWSC 356 Hearing dates: On the papers Date of orders: 8 April 2024 Decision date: 08 April 2024 Jurisdiction: Common Law Before: Gleeson J Decision: (1) Vary order (3) made on 31 January 2024 by adding at the end of that order: "(a) on the ordinary basis up to 10 July 2020; and (b) on an indemnity basis on and from 11 July 2020", such that order (3) as varied reads: (3) The defendant to pay the plaintiff's costs of the proceedings, (a) on the ordinary basis up to 10 July 2020; and (b) on an indemnity basis on and from 11 July 2020. (2) Otherwise dismiss the plaintiff's notice of motion filed 14 February 2024. (3) The plaintiff (Gispac) to pay 80 per cent of the defendant's (Michael Hill) costs of the notice of motion filed 14 February 2024. Catchwords: COSTS — Application to vary costs order — Where unsuccessful party rejected offer of compromise made by successful party — Whether indemnity costs should be ordered from date offer made COSTS — Security for costs — Application to release security monies paid into court by plaintiff — Where plaintiff successful at trial — Where defendant filed notice to appeal — Whether grounds of appeal arguable — Whether reason to doubt financial position of plaintiff seeking release of security Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.14 Cases Cited: A & R Constructions Pty Ltd v Lees (1982) 7 ACLR 900 Boris v Pages Property Investments Pty Ltd (No 2) [2022] NSWCA 43 Carter v Mehmet (No 2) [2021] NSWCA 333 Challenger Group Holdings Ltd v Concept Equity Pty Ltd (No 2) [2008] NSWSC 1002 Gayle v Fairfax Media Publications Pty Ltd (No 2) [2018] NSWSC 1932 Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd [2020] NSWSC 577 Huon Shipping and Logging Co Ltd v South British Insurance Co Ltd [1923] 23 VLR 216 Kiri Te Kanawa v Leading Edge Events Australia Pty Ltd [2007] NSWCA 187 Lym International Pty Ltd v Chen Marcolongo v Lym International Pty Ltd [2009] NSWSC 167 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Ronneby Road Pty Ltd v ESCO Corp (No 2) [2016] FCA 711 Texxcon Pty Ltd & Anor v Austexx Corporation Pty Ltd & Ors (No 2) [2013] VSC 343 Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd (No 3) [2016] NSWSC 526 Texts Cited: G E Dal Pont, Law of Costs (5th Ed, 2021, Lexis Nexis) Category: Costs Parties: Gispac Pty Ltd (Plaintiff) Michael Hill Jeweller (Australia) Pty Ltd (Defendant) Representation: Counsel: R K Jameson (Plaintiff) F Roughley SC / B Lambourne (Defendant)