The Owners-Strata Plan 47027 v McGinn (No 2) [2019] NSWSC 219

Supreme Court New South Wales

Medium Neutral Citation: The Owners-Strata Plan 47027 v McGinn (No 2) [2019] NSWSC 219 Hearing dates: On the papers Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Equity Before: Darke J Decision: Order made that the plaintiffs are entitled to costs in a specified gross sum instead of assessed costs. Catchwords: COSTS – specified gross sum costs order – where defendant made unmeritorious applications in the course of the proceedings – where defendant sent numerous inappropriate or irregular communications to the Court and to plaintiffs' solicitors – baseless allegations of fraud or serious misconduct – whether the defendant's conduct increased the costs of the proceedings – whether the defendant's conduct suggests a costs assessment likely to be delayed and protracted – quantum of specified gross sum costs order – no challenge to evidence of quantum – specified gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Legal Profession Uniform Law 2014 (NSW), s 172 Cases Cited: Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Owners Strata Plan No 47027 v McGinn [2018] NSWSC 1230 Category: Costs Parties: The Owners-Strata Plan 47027 (First Plaintiff/First Applicant) Peter Miller (Second Plaintiff/Second Applicant) Sophia McGinn (First Defendant/Respondent) Representation: Counsel: Mr J R Bennett (First and Second Plaintiffs/First and Second Applicants)