UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2018] NSWSC 1376

Supreme Court New South Wales

Medium Neutral Citation: UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2018] NSWSC 1376 Hearing dates: On the papers Date of orders: 06 September 2018 Decision date: 06 September 2018 Jurisdiction: Equity Before: Darke J Decision: Costs to be paid by the plaintiff to the defendant in the specified gross sum of $88,421.29 within 28 days, failing which the proceedings will be stayed. Catchwords: COSTS – application for costs to be awarded in a specified gross sum – costs order in a specified gross sum appropriate where party unnecessarily contributed to the costs of the proceedings – plaintiff's conduct sufficiently egregious to justify costs order in a specified gross sum – plaintiff applied to vacate hearing one month prior to trial despite proceedings being on foot for over two years – unjust to require defendant to participate in ordinary costs assessment process – order that, if payment of costs not made, proceedings be stayed until payment is made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Hamod v State of New South Wales [2011] NSWCA 375 The Berry Rural Co-Operative Society Ltd v Sepak Industries Pty Ltd [2018] NSWSC 298 Category: Costs Parties: UTSG Pty Ltd (Plaintiff) Gwynvill Properties Pty Ltd (Defendant) Representation: Counsel: Mr P Newton (Plaintiff) Mr J A C Potts SC with Mr J C Conde (Defendant)

Solicitors: Mills Oakley Lawyers (Plaintiff) Atkinson Vinden (Defendant) File Number(s): 2016/107784 Publication restriction: None