Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401 Hearing dates: 14 March 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Equity Before: Parker J Decision: Plaintiff to pay the defendant's costs thrown away by reason of the amendment of its Statement of Claim and the subsequent filing of further evidence; and of the plaintiff's Notice of Motion filed 18 September 2018, as specified in the orders of the Court.

The sum of $70,000 be paid to the defendant out of the funds paid into Court by the plaintiff on account of the plaintiff's liability for such costs. Catchwords: COSTS – interlocutory costs - application for immediate assessment and payment of costs thrown away – extensive amendments to plaintiff's pleaded and evidentiary case – appropriateness of order that costs awarded against the plaintiff be assessable forthwith – order for payment of lump sum by plaintiff on account of costs to be ordered by the Court – utility of such order in facilitating ultimate ascertainment of precise amount payable. Legislation Cited: Evidence Act 1995 (NSW), s 79 Cases Cited: Omutta Pty Ltd v Wilson [2018] NSWSC 135 Category: Costs Parties: Omutta Pty Ltd trading as Moore Park View Hotel (Plaintiff) Troy Wilson (Defendant) Representation: Counsel: J Gooley (Plaintiff) M Southwick (Defendant)

Solicitors: Gilchrist Connell (Plaintiff) Chamos Legal (Defendant) File Number(s): 2016/84131 Publication restriction: Nil