Huang v Drumm (No. 2) [2018] NSWSC 1853

Supreme Court New South Wales

Medium Neutral Citation: Huang v Drumm (No. 2) [2018] NSWSC 1853 Hearing dates: On the papers Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Common Law Before: Davies J Decision: I vary the costs order made by me on 27 August 2018 as follows:

The plaintiff is to pay the defendant's costs in the sum of $35,000. Catchwords: COSTS – party/party – whether appropriate to make order for specified gross sum instead of assessed costs – application by defendant after appeal from Local Court dismissed – Civil Procedure Act 2005 (NSW) s 98(4)(c) – where costs of both proceedings were disproportionate to amount in issue – where unnecessary costs were incurred due to conduct of plaintiff – where costs owed by plaintiff to defendant and defendants' solicitors pursuant to previous orders were unpaid – where plaintiff impecunious – factors relevant to court's discretion when quantifying discount on established costs – order made Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 60, 98 Supreme Court Rules 1970 (NSW) pt 52A r 6(2) Cases Cited: Attorney General in and for the State of NSW v Bar-Mordecai [2013] NSWSC 1307 Australasian Performing Rights Association Ltd v Marlin [1999] FCA 1006 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Coshott v Parker (No 3) [2015] NSWSC 1195 Gupta v Fordham Laboratories Pty Ltd (No 2) [2018] NSWSC 694 Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213; Huang v Drumm [2018] NSWSC 1300 Idoport Pty Limited v National Australia Bank Limited & Ors, Idoport Pty Limited v Donald Robert Argus [2007] NSWSC 23 Kostov v Nationwide News Pty Ltd (No.1) [2018] NSWSC 1822 Simone Starr-Diamond v Talus Diamond (No. 4) [2013] NSWSC 811 Stankovic v State of NSW (No. 2) [2016] NSWSC 335 Young v Hones (No 3) [2014] NSWSC 499 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Texts Cited: Nil Category: Costs Parties: Biru Huang (Plaintiff) Bernard Joseph Drumm (Defendant) Representation: Counsel: In person (Plaintiff) & Mr J Gibson (Mackenzie friend) D F Elliot (Defendant)