Huang v Attapallil (No.4) [2018] NSWSC 769

Supreme Court New South Wales

Medium Neutral Citation: Huang v Attapallil (No.4) [2018] NSWSC 769 Hearing dates: On the papers Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that Order 3 of the Court made 10 November 2017 be amended so as to read:

"Order the plaintiff to pay the third defendant's costs on an indemnity basis."

(2) Order that the plaintiff pay the third defendant's costs determined as a gross sum in the amount of $27,890 in accordance with s 98(4)(c) of the Civil Procedure Act 2005. Catchwords: COSTS – application by third defendant for indemnity costs order and specified gross sum costs order – Civil Procedure Act 2005, s 98(4)(c) – where offer of compromise not accepted – where proceedings brought by plaintiff were summarily dismissed – claims were ill-conceived and doomed to fail – whether offer of compromise was a real and genuine offer – where costs incurred by third defendant were reasonable – indemnity costs order made – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Auspine Ltd v Australian Newsprint Mills Ltd [1999] FCA 673; (1999) 93 FCR 1 Gibson v Drumm [2016] NSWSC 570 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Huang v Attapallil (No.2) [2017] NSWSC 1382 Savage v Australian Unit Fund Management Ltd [2011] NSWCA 270 The Uniting Church v Takacs (No.2) [2008] NSWCA 172 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Biru Huang (P) Alex Attapallil (D1) Joseph Assi (D2) Charles Thornley (D3) Geoffrey O'Shea (D4) Representation: Counsel: In person (P) Mentioned (D1) J Assi (D2) F Elliott (D3) G O'Shea (D4)