Wanis v Lifestyle Residences Hobsons Bay Pty Ltd (No 2) [2024] NSWSC 1296

Supreme Court New South Wales

Medium Neutral Citation: Wanis v Lifestyle Residences Hobsons Bay Pty Ltd (No 2) [2024] NSWSC 1296 Hearing dates: 12 September 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Common Law Before: Davies J Decision: The plaintiff should bring in short minutes to reflect these reasons for judgment. Catchwords: COSTS – party/party - default judgment – limitation on costs - s 59 of the Legal Profession Uniform Law Application Act No 16 (NSW) and cl 24 of the Legal Profession Uniform Law Application Regulation 2015 (NSW) – effect of Uniform Law on s 98 Civil Procedure Act 2005 – non-contested matters – plaintiff not entitled to costs against the first defendant other than scale costs JUDGMENTS AND ORDERS – interest – post-judgment interest – where plaintiff sought post-judgment interest at the rate referred to in the loan agreement – where loan agreement provided for compound interest – where judgment creditor at common law only entitled to interest on a judgment by virtue of s 101 of the Civil Procedure Act – limitation in s 101(6) - plaintiff only entitled to simple interest on the judgment COSTS – gross sum costs order – whether proceedings are appropriate for making a gross sum costs order – where second and third defendants failed to file a cross-claim referenced in their defence – where second and third defendants failed to appear on multiple occasions despite having a solicitor - where their co-operation in agreeing on an amount for costs is unlikely – plaintiff entitled to a gross sum costs order subject to a discount of 25% Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Legal Profession Uniform Law Application Act 2014 No 16 (NSW) s 59 Legal Profession Uniform Law Application Regulation 2015 (NSW) cl 24; Sch 1 Pt 1 Uniform Civil Procedure Rules 2005 (NSW) r 28.2; Sch 1 Cases Cited: Beau Timothy John Hartnett trading as Hartnett Lawyers v Anthony Robert Bell as Executor of the Estate of the late Mabel Dawn Deakin-Bell (No 2) (2023) 113 NSWLR 381; [2023] NSWCA 311 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Grace v Grace (No 9) [2014] NSWSC 1239 Gray v Richards (No 4) [2017] NSWSC 1714 Hamod v State of New South Wales [2011] NSWCA 375 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Hungerfords v Walker (1989) 171 CLR 125; [1989] HCA 8 Saade v Rahme [2024] NSWSC 645 Tonab Investments Pty Ltd v Optima Developments Pty Ltd (2015) 90 NSWLR 268; [2015] NSWCA 287 Wanis v Lifestyle Residences Hobsons Bay Pty Ltd [2023] NSWSC 1066 Wanis v Lifestyle Residences Hobsons Bay Pty Ltd [2024] NSWSC 274 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: John Wanis (Plaintiff) Lifestyle Residences Hobsons Bay Pty Ltd (First Defendant) Peter Van (Second Defendant) Dale Harrison (Third Defendant) ACapital Finance No. 3 Pty Ltd (Fourth Defendant) Immuto Fleur Nominees Pty Ltd (Fifth Defendant) Representation: Counsel: A Munro (Plaintiff) No appearances (First, Second & Third Defendants) No appearance (Fourth Defendant) L Lim (Fifth Defendant)