C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 4) [2013] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 4) [2013] NSWSC 761 Hearing dates: 24 May 2013 Decision date: 13 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: The Second and Third Plaintiffs to pay to the Defendant a specified gross sum of assessed costs. Catchwords: COSTS - Plaintiffs previously granted leave to discontinue proceedings on terms they pay the defendant's costs - defendant seeks costs to be awarded as a specified gross sum under Civil Procedure Act 2005 s 98(4)(c) - principles in relation to the making a gross sum cost order discussed -- whether gross sum cost order appropriate - plaintiffs unlikely to pay the costs -defendant's solicitor's estimate that the costs would be assessed in the range of 80-90% accepted - HELD: gross sum cost order made. Legislation Cited: Civil Procedure Act 2005 s 98(4)(c) Cases Cited: Australasian Performing Rights Assoc Ltd v Marlin [1999] FCA 1006 Beach Petroleum NL v Johnson (1995) 57 FCR 119 C2C Investments Pty Ltd v Commonwealth Bank of Australia (No.3) [2013] NSWSC 644 C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 2) [2013] NSWSC 521 C2C Investments Pty Ltd v Commonwealth Bank of Australia (No.3) [2013] NSWSC 644 Harrison v Schipp [2002] NSWCA 213 Hadid v Lenfest Communications Inc [2000] FCA 628 Category: Costs Parties: C2C Investments Pty Limited (First Plaintiff) C2C Developments Pty Limited (Second Plaintiff) Geoffrey Anthony Shannon (Third Plaintiff) Linda Shannon (Fourth Plaintiff) Commonwealth Bank of Australia (Defendant) Representation: Counsel: S Lipp (Second and Third Plaintiff) P. Newton (Defendant) Solicitors: Platinum Lawyers (Second and Third Plaintiff) Gadens Lawyers (Defendant) File Number(s): 2012/293690