Otta International Pty Limited v Asia Pacific Carbon Pte Ltd (No 2) [2017] NSWSC 1481

Supreme Court New South Wales

Medium Neutral Citation: Otta International Pty Limited v Asia Pacific Carbon Pte Ltd (No 2) [2017] NSWSC 1481 Hearing dates: On the papers Decision date: 27 October 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the third and fourth defendants to pay the plaintiff's costs of the proceedings on the ordinary basis up to 3 December 2016 and on an indemnity basis thereafter.

(2) In respect of the costs payable pursuant to order (1) above, order the third and fourth defendants, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay to the plaintiff the amount of $50,000 within 28 days of the date of this order. Catchwords: COSTS – application for gross sum order under s 98(4) Civil Procedure Act 2005 (NSW) – sufficient material provided to determine an appropriate sum ­– where plaintiff had been legally represented but continued unrepresented because of legal costs –costs found to be reasonable– HELD – gross sum order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14, 42.34 Cases Cited: Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Otta International Pty Limited v Asia Pacific Carbon Pte Ltd [2017] NSWSC 1267 Category: Costs Parties: Otta International Pty Limited (ACN 002 393 535) (Plaintiff) Asia Pacific Carbon Pte Ltd (First Defendant) Asia Pacific Carbon Pty Ltd (ACN 146 028 140) (Second Defendant) Julie Kane (Third Defendant) Peter Kane(Fourth Defendant) Representation: T Terei (Director of Plaintiff company, by leave) Third Defendant (self-represented) Fourth Defendant (self-represented) File Number(s): 2015/220270