Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd v EJADA Office Automation-EOA Pty Ltd [2024] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd v EJADA Office Automation-EOA Pty Ltd [2024] NSWSC 1122 Hearing dates: On the papers – final submissions received 2 September 2024 Date of orders: 3 September 2024 Decision date: 03 September 2024 Jurisdiction: Equity - Duty List Before: Kunc J Decision: The first defendant is to pay the plaintiffs' costs of the summons assessed in the gross sum of $14,000 (GST inc). Catchwords: COSTS — Party/Party — Bases of quantification — Indemnity basis — Assessment as a gross sum — No issue of principle Category: Costs Parties: Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (First Plaintiff) ENA Developments Pty Ltd (Second Plaintiff) EJADA Office Automation-EOA Pty Ltd (First Defendant) Registrar General of NSW (Second Defendant) Representation: Counsel: M L Rose (First and Second Plaintiffs)

Solicitors: ERA Legal (First and Second Plaintiffs) Solicitor for the Registrar General of NSW (Second Defendant) File Number(s): 2024/268925

JUDGMENT

Summary 1. Sitting as Duty Judge on 29 July 2024, I heard on a final basis the plaintiff's summons for orders that the first defendant withdraw a caveat over certain land at Homebush and be restrained from lodging any further caveats over the land. I granted that relief and ordered the first defendant to pay the plaintiffs' costs of the proceedings on the indemnity basis. 2. This judgment deals with the plaintiffs' application that their costs be assessed in a gross sum of $14,000 (GST inc). For the reasons which follow, that application will be granted.