Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer (No. 3) [2017] NSWSC 1783

Supreme Court New South Wales

Medium Neutral Citation: Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer (No. 3) [2017] NSWSC 1783 Hearing dates: 22 November 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Equity Before: Slattery J Decision: Specified gross sum costs order made under Civil Procedure Act, s 98(4)(c) in respect of the defendant's costs of the proceedings in the sum of $305,796.87. The second respondent to the motion, Mr Batterham, is ordered to pay the defendant's costs of the 2014 proceedings. Mr Batterham is ordered to pay specified gross sum costs order in respect of part of the defendant's costs of the proceedings in the sum of $163,456.71. Catchwords: COSTS – specified gross sum costs order – Civil Procedure Act, s 98(4)(c) – specified gross sum costs order made – quantification of specified gross sum costs order to be completed – whether the defendant's actual costs should be discounted for the purposes of making the specified gross sum costs order by a discount in the range of 60% to 75%. Legislation Cited: Civil Procedure Act 2005, s 94(4)(c) Cases Cited: Dymocks Franchise Systems (NSW) Pty Ltd v Todd (No 2) [2005] 4 All ER 195 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Goodwood Recoveries Ltd v Breen [2006] 2 All ER 553 JJES Pty Ltd v Sayan (No 2) [2014] NSWSC 975 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer [2017] NSWSC 634 Maylord Equity Management Pty Ltd as trustee of the Batterham Retirement Fund v Nauer (No. 2) [2017] NSWSC 1467 Category: Consequential orders (other than Costs) Parties: Plaintiff - Maylord Equity Management Pty Ltd (ACN 0943 852 892) as trustee of the Batterham Retirement Fund Defendant - Marcel Andre Nauer Representation: Defendant: J.R. Clarke SC