O'Brien v Supercheap Security Pty Ltd (No 2) [2024] NSWSC 1196

Supreme Court New South Wales

Medium Neutral Citation: O'Brien v Supercheap Security Pty Ltd (No 2) [2024] NSWSC 1196 Hearing dates: On the papers; written submissions provided 11 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: (1) Judgment for the First Plaintiff against the Second Defendant in the sum of $500,000. (2) Judgment for the Second Plaintiff against the Second Defendant in the sum of $100.000. (3) Judgment for the Third Plaintiff against the Second Defendant in the sum of $100,000. (4) Judgment for the Fourth Plaintiff against the Second Defendant in the sum of $175,000. (5) The Second Defendant is to pay the Plaintiffs' costs of the proceedings in the gross sum of $70,000. (6) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second Defendant pay interest to the First Plaintiff on the amount of $500,000.00 as of 11 September 2024 in the sum of $80,119.62. (7) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second Defendant pay interest to the Second Plaintiff on the amount of $100,000.00 as of 11 September 2024 in the sum of $16,057.62. (8) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second Defendant pay interest to the Third Plaintiff on the amount of $100,000.00 as of 11 September 2024 in the sum of $16,046.39. (9) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second Defendant pay interest to the Fourth Plaintiff on the amount of $175,000.00 as of 11 September 2024 in the sum of $28,258.10. Catchwords: COSTS – application for gross sum cost order pursuant to s 98(4) Civil Procedure Act 2005 (NSW) – whether appropriate to make a gross sum cost order – where cost and delay of assessment would not be warranted – quantification of the gross sum to be awarded Legislation Cited: Civil Procedure Act 2005 (NSW), ss 98, 100 Cases Cited: Bechara t/s Bechara and Co v Bates [2016] NSWCA 294 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 O'Connor v O'Connor – [Gross Lump Sum Cost Order] [2022] NSWSC 940 Perera v Genworth Financial Mortgage Insurance Pty Ltd (No.2) [2018] NSWSC 1577 Category: Consequential orders Parties: Joanne Marjorie O'Brien (First Plaintiff) Kerrin Uytendaal (Second Plaintiff) Mark Uytendaal (Third Plaintiff) Judy Jeanette Fleiter (Fourth Plaintiff) Supercheap Security Pty Ltd (First Defendant) Hassan Mehdi (Self-Represented) (Second Defendant) National Australia Bank Limited (Third Defendant) Representation: Counsel: M Kalyk (Plaintiffs) H Mehdi (Self-Represented) (Second Defendant)