Frank John Pudarich v Anthony Pudarich; Milagros Discaya v Anthony Pudarich; Anthony Pudarich trading as on behalf of the Estate of the late Ivan Pudarich v Frank John Pudarich [2024] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: Frank John Pudarich v Anthony Pudarich; Milagros Discaya v Anthony Pudarich; Anthony Pudarich trading as on behalf of the Estate of the late Ivan Pudarich v Frank John Pudarich [2024] NSWSC 1123 Hearing dates: 29 August 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Equity Before: Stern J Decision: (1) Frank and/or Michelle Pudarich jointly are, within 14 days, to pay the costs of and occasioned by the application on 20 August 2024 for leave for counsel and solicitor for Frank Pudarich to withdraw from the proceedings, the application of 21 August 2024 for Michelle Pudarich to be removed as tutor for Frank Pudarich, and of the adjournment application of 21 August 2024, and the costs thrown away by the late adjournment of the hearing listed for 26 August 2024 of the Estate and Ms Discaya by way of gross sum costs order in the sums of: (a) $17,905.64 for the Estate; and (b) $14,158.22 for Ms Discaya. Catchwords: COSTS – Gross sum costs order – where plaintiff's counsel and solicitor applied for leave to withdraw from proceedings but later withdrew that application – where plaintiff's tutor sought to withdraw as tutor – where plaintiff made a late application to adjourn hearing – where adjournment granted – whether plaintiff should pay costs of and occasioned by these applications and costs thrown away by reason of late adjournment – whether gross sum costs order should be made pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Succession Act 2006 (NSW), s 59 Uniform Civil Procedure Rules 2005 (NSW), rr 7.13, 7.14(2), 7.18(1), 42.1 Cases Cited: Al Mousawy bht Imelda Margaret Dodds v Howitt-Stevens Constructions Pty Limited (No 2) [2010] NSWSC 1398 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bechara (t/as Bechara and Company) v Bates [2016] NSWCA 294 Daniel Henry Resler Walton by his Tutor John Mann v Terence George Hartmann as Executor of the Estate of Wanda Resler [2020] NSWSC 1628 Idoport Pty Limited v National Australia Bank Limited & Ors, Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Seller v Jones [2014] NSWCA 19 Yakmor v Hamdoush (No 2) (2009) 76 NSWLR 148; [2009] NSWCA 284 Category: Costs Parties: Frank John Pudarich