Chaina v Presbyterian Church (NSW) Property Trust (No. 26) [2014] NSWSC 1009

Supreme Court New South Wales

Medium Neutral Citation: Chaina v Presbyterian Church (NSW) Property Trust (No. 26) [2014] NSWSC 1009 Hearing dates: 28 July 2014 Decision date: 31 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. I set aside all previous costs orders made in the proceedings. 2. Judgment for the Defendant against the Second, Third, Fourth and Fifth Plaintiffs for $7,770,869.00. Catchwords: COSTS - specified gross sum costs order - lengthy and complicated proceedings - Plaintiffs obtain amounts less than offered by Defendant - numerous interlocutory costs orders - Plaintiffs unrepresented - cost and delay of costs assessment process - Defendant's costs far outweigh verdicts in favour of Plaintiffs - gross sum ordered - set-off of judgments in favour of Plaintiffs and cost judgment in favour of Defendant. DAMAGES - interest - offers by Defendant more favourable than Plaintiffs recover - whether interest payable beyond offers by Defendant - s 100(4) Civil Procedure Act. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Beverage Distributors v Evans & Tate Premium Wines Pty Ltd [2006] NSWSC 560 Chaina v The Presbyterian Church (NSW) Property Trust and Others (No. 3) [2009] NSWSC 1243 Chaina v Presbyterian Church (NSW) Property Trust (No. 25) [2014] NSWSC 518 Corbett v Nguyen (No 2) [2012] NSWSC 673 Hamod v New South Wales (No 13) [2009] NSWSC 756 Hamod v State of New South Wales [2011] NSWCA 375 Harrison & Anor v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106 Young v Hones (No. 3) [2014] NSWSC 499 Zepinic v Chateau Constructions (Aust) Ltd (No. 2) [2014] NSWCA 99 Category: Costs Parties: George Chaina (Second Plaintiff) Rita Chaina (Third Plaintiff) Proton Technology Pty Ltd (Fourth Plaintiff) Deluxe Technology Pty Ltd (Fifth Plaintiff) The Presbyterian Church (New South Wales) Property Trust (Defendant) Representation: Counsel: Rita Chaina (Plaintiffs) R Stitt QC, G L Turner & H Stitt (Defendant) Solicitors: In person (Plaintiffs) Curwoods Lawyers (Defendant) File Number(s): 2002/69354