Huang v Drumm [2017] NSWSC 1006

Supreme Court New South Wales

Medium Neutral Citation: Huang v Drumm [2017] NSWSC 1006 Hearing dates: On the papers Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) In lieu of the order I made on 14 July 2017 that the plaintiff pay the defendant's costs of the proceedings, order the plaintiff to pay the defendant's costs of the proceedings on the ordinary basis up to and including 21 June 2017, and thereafter on an indemnity basis.

(2) In respect of the costs payable pursuant to order (1) above, order the plaintiff, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay to the defendant the amount of $11,000 within 28 days of the date of this order.

(3) Order the plaintiff to pay the defendant's costs of his application for indemnity costs and for the gross sum costs order. Catchwords: COSTS – plaintiff unsuccessful in application for leave to appeal from interlocutory order in Local Court – reasonable offer made by defendant ­­­– where plaintiff's conduct contributed to costs incurred by the defendant – costs awarded on ordinary and indemnity basis – gross sum costs order awarded Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), r 50.14 Cases Cited: Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Huang v Drumm [2017] NSWSC 949 Category: Costs Parties: Biru Huang (Plaintiff) Bernard Joseph Drumm as trustee for the Corporate Consulting Services Trust (Defendant) Representation: Counsel: Plaintiff in person D Elliot (Defendant)