Perpetual Trustee Company Limited v Stojcevski (No 3) [2015] NSWSC 110

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v Stojcevski (No 3) [2015] NSWSC 110 Hearing dates: 3 February 2015 Date of orders: 03 February 2015 Decision date: 03 February 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Order that the cross-defendant's costs of the cross-claim be fixed in the sum of $111,000.00 instead of assessed costs. 2. Order that the amount expressed in order 1 be paid within 21 days of the date of this order, namely by 24 February 2015. Catchwords: COSTS - Civil Procedure Act 2005 (NSW), s 98(4)(c) - specified gross sum costs order – circumstances in which specified gross sum costs order may be made – cost and length of time of first instance determination and appeal - effect of delay – prospect that surplus funds from sale of property could be dissipated unless monetary costs judgement made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Cases Cited: Harrison v Schipp [2002] NSWCA 213, 54 NSWLR 738 Hamod v State of New South Wales [2011] NSWCA 375 Perpetual Trustee Company Limited v Stojcevski [2014] NSWSC 1718 Perpetual Trustee Company Limited v Stojcevski (No 2) [2014] NSWSC 1827 Category: Costs Parties: Perpetual Trustee Company Limited (Plaintiff) Branko Stojcevski (First Defendant/Cross Claimant) Lesley Alexandra Stojcevski (Second Defendant) Frank Mathey (Cross Defendant) Representation: Counsel: S Stierli (Plaintiff) R Watson (First Defendant) MJ Cameron (Cross Defendant)