Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 5) [2018] NSWSC 1935

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 5) [2018] NSWSC 1935 Hearing dates: 19 July 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Common Law Before: McCallum J Decision: Order that the notice of motion dated 27 June 2018 be dismissed with no order as to costs; order that the plaintiff pay, by way of part payment, the sum of $100,000 within 28 days towards the costs ordered by me on 11 May 2018 Catchwords: COSTS – application for costs order entered be varied – application for gross sum costs order – where defendant rejected the plaintiff's offer of payment and sought assessment of costs – where plaintiff previously sought assessment of costs and opposed any lump sum quantification - whether plaintiff's position should be characterised as a capitulation Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Uniform Civil Procedure Rules 2005 (NSW), rr 21.5(2), 36.16(3) Cases Cited: Nichols v NFS Agribusiness Pty Limited [2018] NSWCA 84 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (2009) 76 NSWLR 196; [2009] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] 186 CLR 622 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (plaintiff) Daleport Pty Ltd (in receivership) (first defendant) Alexander Raymond Walton (second defendant) Representation: Counsel: T Castle (plaintiff) N Obrart (defendants)