Bassal v Savills (NSW) Pty Ltd [2016] NSWSC 1398

Supreme Court New South Wales

Medium Neutral Citation: Bassal v Savills (NSW) Pty Ltd [2016] NSWSC 1398 Hearing dates: 12 August 2016 Date of orders: 04 October 2016 Decision date: 04 October 2016 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: 1. In addition to costs orders already made, the plaintiffs are to pay the costs of the defendant for the appearances before the Common Law Registrar and Hoeben CJ at CL on 27 February 2015, 6 March 2015, 5 February 2016, 26 February 2016 and 2 May 2016. Those costs should be paid on an indemnity basis. 2. I decline to make an order that those costs be payable forthwith. 3. I decline at this time to make a general order requiring that the plaintiffs pay the defendant's costs incurred as a result of the late service of evidence. 4. The plaintiffs are to pay the defendant's costs of the argument before Hoeben CJ at CL on 12 August 2016. Those costs are payable on the ordinary basis. Catchwords: PRACTICE AND PROCEDURE – costs – application by a defendant for plaintiffs to pay costs on an indemnity basis forthwith – considerable delay in proceedings – delay fault of plaintiffs – some costs to be paid on an indemnity basis – not appropriate to order that costs be paid forthwith. Legislation Cited: Civil Procedure Act 2005 (NSW) – ss 56,57 and 58 Cases Cited: Cabport Pty Ltd v Marinchek (No 2) [2013] NSWCA 131 Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; 46 FCR 225 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31 Category: Procedural and other rulings Parties: Terry Bassal – First Plaintiff Albert Moutalb Bassal – Second Plaintiff Savills (NSW) Pty Limited - Defendant Representation: Counsel: Mr B Badarne (Solicitor) – Plaintiffs Mr T Marskell - Defendant