Fairfax Radio Network Pty Ltd v Printlane Pty Ltd (No. 2) [2011] NSWDC 121

District Court New South Wales

Medium Neutral Citation: Fairfax Radio Network Pty Ltd v Printlane Pty Ltd (No. 2) [2011] NSWDC 121 Hearing dates: 26 August 2011 Decision date: 26 August 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the defendants have been called three times at 10:15am - No appearance. (2) Grant leave to the plaintiff to file in court the Affidavit of Mr Quartermain sworn 23 August 2011. (3) Vary order (5) of Gibson DCJ's orders of 18 August 2011 to provide that the defendants pay the plaintiff's costs on an indemnity basis from 7 July 2011 pursuant to UCPR r 42.14. (4) An order pursuant to s 98(1) Civil Procedure Act 2005 (NSW) that the costs referred to in paragraph 5 of my orders of 18 August 2011 and order (3) above be paid by way of a lump sum, in the amount of $40,797.50. Catchwords: COSTS - application for lump sum costs order pursuant to s 98(4) Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60 and 98 Federal Court Rules, O 62 r 4(2)(c) Legal Profession Act 2004 (NSW), s 347 Uniform Civil Procedure Rules 2005 (NSW), rr 7.29(2) and 42.14 Cases Cited: Beach Petroleum NL v Johnson (1995) 57 FCR 119 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Harrison v Schipp (2002) 54 NSWLR 738 Idoport Pty Ltd v National Australia Bank Ltd [2005] NSWSC 1273 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Lorenzato v Lorenzato (No 2) [2011] NSWSC 790 Tim Barr Pty Ltd v Naurui Gold Coast Pty Ltd [2011] NSWSC 11 Texts Cited: --- Category: Costs Parties: Plaintiff: Fairfax Radio Network Pty Ltd First Defendant: Printlane Pty Ltd Second Defendant: Yuri Szilasi Representation: Plaintiff: Mr S Coleman Plaintiff: Hudson Lawyers File Number(s): 2010/342798 Publication restriction: