Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 4) [2018] NSWCA 327

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 4) [2018] NSWCA 327 Hearing dates: On the papers Decision date: 18 December 2018 Before: Leeming JA Decision: 1. Riva pay Fraser Clancy's costs of the judicial review proceedings commenced by Riva on 6 September 2017, noting that this order excludes the costs of Fraser Clancy's notice of motion for security for costs filed 19 December 2017 for which costs were ordered on 22 March 2018.

2. Otherwise dismiss Fraser Clancy's notice of motion filed 4 October 2018.

3. The exhibits may be returned. Catchwords: COSTS – application for indemnity costs and gross sum costs orders – whether application was to vary or set aside existing costs orders – whether application made in time – requirement to file notice of motion within 14 days – whether sufficient evidence to ground a well-informed exercise of discretion – absence of expert evidence – costs substantially too high – applications refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 14, 60, 98 Uniform Civil Procedure Rules, rr 18.2, 25.11, 25.14 36.16 Cases Cited: AT v Commissioner of Police, NSW (No 2) [2010] NSWCA 337 Aukuso v Tahan [No 2] [2018] NSWCA 302 Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Council of the City of Botany Bay v Michos [2013] NSWCA 244 Hamod v State of New South Wales [2011] NSWCA 375 Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers [2018] NSWCA 53 Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers [2018] NSWCA 186 South Western Sydney Local Health District v Gould (No 2) [2018] NSWCA 160 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Costs Parties: Riva NSW Pty Ltd (Appellant) Fraser Clancy Lawyers (Respondent) Representation: Counsel: