Warren v Maclean-Lower Clarence Services Club Ltd (No 2) [2014] NSWSC 1388

Supreme Court New South Wales

Medium Neutral Citation: Warren v Maclean-Lower Clarence Services Club Ltd (No 2) [2014] NSWSC 1388 Hearing dates: 9 October 2014 Decision date: 10 October 2014 Jurisdiction: Common Law Before: Schmidt J Decision: The defendants to pay Mr Warren's costs, assessed to be $20,000. Catchwords: PROCEDURE - costs - s 98 of the Civil Procedure Act 2005 (NSW) - order sought made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Warren v Maclean-Lower Clarence Services Club Ltd [2014] NSWSC 1374 Category: Costs Parties: Luke Graham Warren (Plaintiff) Maclean-Lower Clarence Services Club Ltd (First Defendant) Andrew Wayne Hall (Second Defendant) Brendan Mark Hall (Third Defendant) Representation: Counsel: Mr R Goodridge (Plaintiff) Solicitors: Monaco Solicitors (Plaintiff) Hall & Wilcox Lawyers (First Defendant) File Number(s): 2012/255813 Publication restriction: None

Judgment 1Yesterday, I made orders in favour of the plaintiff, Mr Warren (see Warren v Maclean-Lower Clarence Services Club Ltd [2014] NSWSC 1374). He also sought an order for costs under s 98 of the Civil Procedure Act 2005 (NSW), assessed at what was submitted to be a conservative figure of $20,000. 2There is no question as to the Court's power to make such an order. In the circumstances outlined in the judgment delivered yesterday, which it is unnecessary to repeat, I am well satisfied that justice demands that the order sought be made. 3There can be no question that the costs so ordered reflect an extremely conservative figure which is not reflective of the amount likely to be received by Mr Warren, were the Court's usual order under r 42 of the Uniform Civil Procedure Rules 2005, namely costs as agreed or assessed, to be made in his favour. There appears, however, to be no prospect of recovery of even the amount sought. It is, accordingly, just to exercise the Court's discretion in favour of Mr Warren, to bring the matter to an end and to save any further costs, ensuring that Mr Warren does not have to spend, as was submitted, one further extra dollar on his case against the two defendants. That conclusion also accounts with the objects of s 56 of the Civil Procedure Act, the just, quick and cheap resolution of the real issues in the proceedings. 4This order will, I am satisfied, avoid further disadvantage and unnecessary expense being incurred by Mr Warren in relation to the pursuit of something to which he is plainly entitled, but unlikely to recover.