Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd (No 2) [2018] NSWSC 118

Supreme Court New South Wales

Medium Neutral Citation: Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd (No 2) [2018] NSWSC 118 Hearing dates: On the papers Decision date: 15 February 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the third defendant, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay the plaintiffs' costs in the specified gross sum of $32,900, including GST.

(2) Order the sixth defendant, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay the plaintiffs' costs in the specified gross sum of $9,500, including GST.

(3) Order the third and sixth defendants to pay the plaintiffs' costs of their application for costs to be paid in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW).

(4) Note that the costs which are the subject of order (3) are included in the amounts specified in orders (1) and (2). Catchwords: COSTS – application by successful plaintiffs for order that costs be paid in a gross sum – appropriate that such order be made – potential difficulties in recovery relevant – probable disproportionality between costs claimed and costs of assessment – overriding purpose in s 56 of Civil Procedure Act 2005 (NSW) advanced by order Legislation Cited: Civil Procedure Act 2005 (NSW) s 98(4) Cases Cited: Bechara trading as Bechara and Company v Bates [2016] NSWCA 29 Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd [2017] NSWSC 1770 Category: Costs Parties: Camden Nurseries Pty Ltd (ACN 166 506 752) (First Plaintiff) Craig Douglas Wilson (Second Plaintiff) Julie Maree Wilson (Third Plaintiff) Aussie Growers (Aust) Pty Ltd (ACN 145 173 539) (First Defendant) Camden Herbs & Nursery Pty Limited (ACN 615 436 961) (Second Defendant) Louise Ann Cassar (Third Defendant) Christopher John Palmer in his capacity as trustee of the bankrupt estate of Jake Paul Anthony Cassar (Fourth Defendant) La Trobe Financial Asset Management Limited (ACN 007 332 363) (Fifth Defendant) Marjan Corporations Pty Ltd (ACN not disclosed) (Sixth Defendant) Representation: Counsel: A Crossland (Plaintiffs) R Pearson (Solicitor) (Third and Sixth Defendant) S Cominos (Fourth Defendant)