Webster v Super Smart Strategies Pty Ltd (No 3) [2017] NSWSC 930

Supreme Court New South Wales

Medium Neutral Citation: Webster v Super Smart Strategies Pty Ltd (No 3) [2017] NSWSC 930 Hearing dates: On the papers Date of orders: 12 July 2017 Decision date: 12 July 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) In respect of the costs payable pursuant to order (2)(d) of the orders made on 4 May 2017, order the cross-claimants, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay to the second and fourth to 113th cross-defendants the amount of $140,000 within 28 days of the date of this order.

(2) Order the cross-claimants to pay the second and fourth to 113th cross-defendants' costs of their application for a gross sum costs order.

(3) In respect of the costs payable pursuant to order (3)(c) of the orders made on 4 May 2017, order the cross-claimants, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay to the third cross-defendant the amount of $215,000 within 28 days of the date of this order.

(4) Order the cross-claimants to pay the third cross-defendant's costs of its application for a gross sum costs order. Catchwords: COSTS – application for gross sum order under s 98(4) Civil Procedure Act 2005 (NSW) – no response received from cross-claimants on issue of gross sum costs application – sufficient material provided to determine an appropriate sum ­– where cross-claimants unnecessarily contributed to the costs of the proceedings by filing cross-claims which they decided ultimately not to pursue – HELD – gross sum order made in respect of applicants' costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Webster v Super Smart Strategies Pty Ltd [2017] NSWSC 531 Category: Costs Parties: Richard Webster (Plaintiff) Loris Webster (Second Plaintiff) Webster Superannuation Fund (Third Plaintiff) Super Smart Strategies Pty Limited ACN 098 688 085 (now ACN 098 688 085 Pty Ltd (in liq)) (First Defendant) Rick Frank Alfred Manietta (Second Defendant) Rick Manietta Investments Pty Limited ACN 080 851 207 (Third Defendant)