Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 3) [2024] NSWCA 297

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 3) [2024] NSWCA 297 Hearing dates: On the papers Date of orders: 12 December 2024 Decision date: 12 December 2024 Before: Kirk JA, Stern JA, Basten AJA Decision: The Court orders, by consent: (1) Bank Guarantees numbered G689051 and G758647 addressed to the Supreme Court of New South Wales in proceedings numbered 2020/00128125 and in favour of the appellant (second defendant in those proceedings) be released and payable to the solicitor for the appellant being John Anthony Coorey at Sparke Helmore Lawyers. (2) The $40,000 paid into the Supreme Court of New South Wales in proceedings numbered 2020/00128125 on behalf of the appellant (second defendant in those proceedings) be paid to the solicitor for the appellant being John Anthony Coorey at Sparke Helmore Lawyers to the following solicitor's trust account: Account Name: Sparke Helmore Law Practice Trust Account NSW Bank: St George Bank Limited Branch: Level 9, 65 Berry Street North Sydney NSW 2060 BSB: 332-082 Account Number: 552854936 Ref: LAW009-00245 (3) The appellant's notice of motion filed on 14 October 2024 otherwise be dismissed with no orders as to costs. Catchwords: COSTS – application for gross sum costs order – where gross sum already agreed between the parties – application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 232 Category: Costs Parties: Gerrard Toltz Pty Ltd (Appellant) City Garden Australia Pty Ltd (in liq) as trustee for Ming Tian City Garden Unit Trust (Respondent) Representation: Counsel: M Hall (Appellant) M Castle (Respondent)