Bevan v Bingham (No2) [2025] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: Bevan v Bingham (No2) [2025] NSWSC 110 Hearing dates: 11 February 2025 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's notice of motion filed 8 November 2024 is dismissed. (2) Pursuant to the plaintiff's application under rule 36.16 of the UCPR, the costs order made on 25 October 2024 is varied. (3) Order pursuant to s 98(4)(c) of the Civil Procedure Act, the first defendant is entitled to a specified gross sum in the amount of $72,852.00 in satisfaction of the costs order made in his favour on 25 October 2024. (4) The plaintiff is to pay the defendant's costs of both notices of motions; the defendant's dated 8 November 2024 and the plaintiff's dated 1 November 2024. (5) The costs of both notices of motion are payable by the plaintiff as a gross lump sum of $11,964.00 Catchwords: COSTS — Party/Party — Bases of quantification — Ordinary basis – Indemnity basis – costs assessment appeal – Dismissal – notice of motions – Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Evidence Act 1995 (NSW), s 79 Uniform Civil Procedure Rules 2005 (NSW), r 36.16, r 42, r 50.16A(2) Cases Cited: AB v State of NSW [2014] NSWCA 243 Bechara and Company v Bates [2016] NSWCA 294 Bevan v Bingham [2024] NSWSC 1349 Ghosh v Newtown (No 10) [2024] NSWSC 1170 Johnson v MacKinnon (No 2) [2022] NSWCA 22 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia & Anor Ex Parte Lai Qin (1997) 186 CLR 622 Category: Principal judgment Parties: Christopher Bevan (Plaintiff) John Bingham (Defendant) Representation: Counsel: