James v Australian and New Zealand Banking Group Limited [2016] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: James v Australian and New Zealand Banking Group Limited [2016] NSWSC 833 Hearing dates: 14, 16 & 17 June 2016 Decision date: 23 June 2016 Before: Ball J Decision: The first plaintiff pay the defendants the sum of $210,000 in respect of the defendants' costs of the notice of motion filed on 17 February 2016 Catchwords: COSTS - assessment of costs - gross sum costs order - whether appropriate Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 In the matter of Sundara Pty Ltd & Ors [2015] NSWSC 1694 Category: Costs Parties: David Anthony James (First Plaintiff) Liquor National Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (ACN 100 586 776) (Second Plaintiff) Wine National Pty Ltd (ACN 100 586 785) (Receivers and Managers Appointed) (In Liquidation) (Third Plaintiff) Print National Pty Ltd (ACN 132 502 697) (Receivers and Managers Appointed) (In Liquidation) (Fourth Plaintiff) Print National Australia Pty Ltd (ACN 107 512 649) (Receivers and Managers Appointed) (In Liquidation) (Fifth Plaintiff) TLT Nominees Pty Ltd (ACN 132 250 307) (Receivers and Managers Appointed) (In Liquidation) (Sixth Plaintiff) Newcastle Liquor Wholesalers Pty Ltd (ACN 135 338 635) (Receivers and Managers Appointed) (In Liquidation) (Seventh Plaintiff) Aramax Nominees Pty Ltd (ACN 163 183 337) (Eighth Plaintiff) Primax Nominees Pty Ltd (ACN 163 183 177) (Ninth Plaintiff) Australian and New Zealand Banking Group Limited (ABN 11 005 357 522) (First Defendant) David Paul Merryweather and Gregory Hall both in their personal capacities and in their capacities as joint and several receivers and managers of each of TLT Nominees Pty Ltd ACN 133 250 307 (In Liquidation) (Receivers and Managers Appointed) and Newcastle Liquor Wholesalers Pty Ltd ACN 135 338 635 (In Liquidation) (Receivers and Managers Appointed) (Second Defendant) Representation: Counsel: JE Sexton SC with J Baird (Plaintiff) IM Jackman SC with RM Foreman (Defendants)