In the matter of GTH Equipment Pty Ltd [2017] NSWSC 1816

Supreme Court New South Wales

Medium Neutral Citation: In the matter of GTH Equipment Pty Ltd [2017] NSWSC 1816 Hearing dates: 13 November 2017, costs submissions 29 November and 6 December 2017 Decision date: 21 December 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the Defendant pay the Plaintiff's costs and disbursements of the proceeding quantified on a lump sum basis as $15,810.20 as well as the Plaintiff's costs of the argument as to costs, on and after 24 November 2017, as agreed or as assessed. Catchwords: COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers – where offer made to compromise two proceedings for a single sum – proper order as to costs of one proceeding

COSTS — Party/Party — Application for gross sum costs order – where costs of assessment would be disproportionate Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98(4) - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Calderbank v Calderbank [1975] 3 All ER 333 - Dubow v Fitness First Australia Pty Ltd (No 2) [2012] NSWSC 961 - Liberty Industrial Pty Ltd v Donald Mcarthy Trading Australia Pty Ltd [2013] NSWSC 279 - Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 816 - Re Aquaqueen International Pty Ltd [2015] NSWSC 500 - Re GTH Equipment Pty Ltd [2017] NSWSC 1617 - Re MF Global Australia Ltd (in liq); Hopper v Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) [2015] NSWSC 1583 - Re Palladium Consulting Pty Ltd [2013] NSWSC 92 Category: Costs Parties: GTH Equipment Pty Ltd (Plaintiff) Merlo Group Australia Pty Ltd (Defendant) Representation: Counsel: J T Johnson (Plaintiff) P Afshar (Defendant)