Wende v Horwath (NSW) Pty Limited (No 3) [2015] NSWDC 73

District Court New South Wales

Medium Neutral Citation: Wende v Horwath (NSW) Pty Limited (No 3) [2015] NSWDC 73 Hearing dates: 31 March 2015 Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1)Determine the costs payable pursuant to s 384(2)(a) of the Legal Profession Act 2004: (a)under the Local Court order to be $107,719.70; (b)under the Supreme Court order to be $39,078.38; and (c)under the Court of Appeal order to be $28,254.70. (2)In order to give effect to order (1) above, order the plaintiffs to pay to the defendant the amounts of costs determined in order (1)(a), (b) and (c) above. (3)Note that the first plaintiff, Herbert Wende, was granted Legal Aid in respect of the costs of the Supreme Court proceedings and bears no further liability in respect of the costs specified in order (1)(b) above. (4)Note that the Legal Aid Commissioner has paid the sum of $15,000 in partial discharge of the costs specified in order (1)(b) above. (5)Plaintiffs to pay the defendant's costs in the proceedings from 23 October 2014 until today. (6)Order that the defendant be entitled to a specified gross sum in respect of: (a)the costs the subject of orders (1) and (2) made on 23 October 2014; and (b)the costs referred to in order (5) above. (7)Determine that the specified gross sum referred to in order (6) be the total sum of $84,496.70, representing $64,496.70 in respect of order (6)(a) and $20,000 in respect of order (6)(b). (8)Stay the entry of these orders for 14 days. (9)Grant liberty to the plaintiffs to make any application in respect of the $20,000 referred to in order (7) within 14 days hereof. Catchwords: COSTS – should a lump sum order be made – amount of lump sum order – determination of assessed costs amount – contribution by Legal Aid Legislation Cited: Civil Procedure Act 2005, s 98 Legal Profession Act 2004, s 384 Cases Cited: Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Filmlock Pty Limited v Nissi Investments Pty Limited (No 3) [2013] NSWSC 1594 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Idoport Pty Ltd v National Australia Bank Ltd [2005] NSWSC 1273 In the matter of Palladium Consulting Pty Limited [2013] NSWSC 92 Tim Barr Pty Ltd & Anor v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Vumbaca v Sultana (No. 2) [2013] NSWDC 195 Wende v Horwath (NSW) Pty Limited (No 2) [2014] NSWDC 202 Wende v Horwath (NSW) Pty Ltd [2014] NSWCA 170 Category: Costs Parties: Herbert Wende (first plaintiff) Margaret Wende (second plaintiff) Mark Lloyd (third plaintiff) Horwath (NSW) Pty Limited (defendant) Representation: Counsel: Mr M Green with Mr G E Babe (plaintiffs) Mr S F Hughes (defendant)