Bechara v Bates (No 4) [2015] NSWSC 1722

Supreme Court New South Wales

Medium Neutral Citation: Bechara v Bates (No 4) [2015] NSWSC 1722 Hearing dates: On the papers Decision date: 18 November 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to pay the defendant's costs in the specified gross costs sum of $33,000. Catchwords: COSTS – application for specified gross sum costs order – relevant factors to be considered in exercise of discretion – plaintiff failed on each significant issue during course of litigation – disproportion between issues litigated and costs incurred – desirability of bringing costs dispute to finality – specified gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bechara v Bates (No. 3) [2015] NSWSC 1588 Hamod v New South Wales [2011] NSWCA 375 Penson v Titan National Pty Ltd (No. 3) [2015] NSWCA 121 Category: Costs Parties: Maria Bechara (trading as Bechara and Company (Plaintiff) Philip Bates (Defendant) Representation: Counsel: Plaintiff in person P Bates (Defendant in person)

Solicitors: Bechara and Company (Plaintiff) Bannister Law (Defendant) File Number(s): 2015/115082

Judgment

Introduction 1. On 29 October 2015 I made orders and published reasons in the substantive appeal by Maria Bechara, the plaintiff (Bechara v Bates (No. 3) [2015] NSWSC 1588) (the principal judgment). By written application, the defendant (Philip Bates) sought a global sum costs order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) (the Act) in the amount of $35,289.03 (including GST). 2. The question of costs is to be determined by reference to the parties' written submissions. Mr Bates' written submissions were provided on 5 November 2015. Ms Bechara was directed to provide her response by 5pm on 12 November 2015. My Associate endeavoured to contact her to ascertain whether she wished to respond to Mr Bates' submissions. Ms Bechara's only response to Mr Bates' application for a global sum costs order was by email sent on 15 November 2015 in which she submitted that I ought order her to pay Mr Bates' costs as agreed or assessed. She otherwise made no substantive response to Mr Bates' submissions.