Ghosh v Miller (No. 4) [2015] NSWDC 206

District Court New South Wales

Medium Neutral Citation: Ghosh v Miller (No. 4) [2015] NSWDC 206 Hearing dates: 17 September 2015 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's application for gross sum costs order pursuant s 98 Civil Procedure Act 2005 (NSW) dismissed. (2) Plaintiff pay defendants' costs of and concerning this motion. (3) Any further application for costs for each of the 10 occasions identified by the plaintiff in her notice of motion is to be left to the trial judge. (4) Liberty to apply in relation to costs. (5) Exhibits retained for 28 days. Catchwords: COSTS – application by litigant in person for a gross sum costs order for $120,496.00 for 10 interlocutory directions hearings – only one costs order previously made in favour of the litigant in person – prior attempt by the litigant in person to issue garnishee orders for $35,000 in relation to this costs order rejected by registry - whether any litigant in person had an entitlement to costs on each of these 10 occasions and, if so, whether those costs should be paid on an indemnity basis, assessable forthwith and the subject of a gross sum costs order – circumstances in which gross sum costs orders may be made – proceedings not yet listed for hearing – litigant in person responsible for delays and inadequate pleadings resulting in costs orders against her - quantum of costs claimable by litigants in person – costs information provided by litigant in person insufficient and inaccurate – application refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62 and 98 Local Court Act 2007 (NSW), s 33 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr r 10.20, 12.7 and 35.7B Cases Cited: Cachia v Hanes (1994) 179 CLR 403 Ghosh v Google Australia Pty Ltd [2013] NSWDC 146 Ghosh v Miller (No 2) [2013] NSWDC 194 Ghosh v Miller (No 2) [2015] NSWSC 1287 Ghosh v Miller (No 3) [2015] NSWDC 133 H v H (2006) Fam C A 167 Hamod v State of New South Wales [2011] NSWCA 375 Lorenzato v Lorenzato (No 2) [2011] NSWSC 790 Maronis Holdings Ltd v Nippon Credit Australia Ltd [2002] NSWSC 838 Merrin v Commissioner of Police; Merrin and Anor v Commissioner of Police [2011] QCA 181 Munn v Tunks (Supreme Court of New South Wales, Nicholas J, 6 May 2013, unreported) Munn v Tunks [2013] NSWSC 1263 National Australia Bank v Rusu [1999] NSWSC 539 Penson v Titan National Pty Ltd (No 3) [2015] NSWCA 121 Preston v Commissioner for Fair Trading [2011] NSWCA 40 Rapisarda v Colladon [2014] EWFC 35 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Winter v Fleeton [2002] WASCA 73 Zisti v Bartter Enterprises Pty Ltd [2013] NSWCA 146 Texts Cited: Dal Pont, "Law of Costs", 3rd ed., LexisNexis at [7.31] – [7.36] District Court Civil Practice Note 6 Category: Procedural and other rulings Parties: Plaintiff: Dr Ratna Ghosh First Defendant: Rodney Miller Second Defendant: Everingham Miller Third Defendant: Marilyn Bee Fourth Defendant: John Bee Fifth Defendant: Michael Ryan Sixth Defendant: Adam Josef Schuch Seventh Defendant: Karen Schuch Representation: Counsel: Plaintiff: In person First and Second Defendants: Mr M Maconachie Third to Seventh Defendants: Ms T Stack (solicitor)