In the matter of Boss Constructions (NSW) Pty Ltd (No 2) [2019] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Boss Constructions (NSW) Pty Ltd (No 2) [2019] NSWSC 554 Hearing dates: On the papers Decision date: 14 May 2019 Before: Rees J Decision: 1. Order the plaintiffs to pay the defendant's costs of the proceedings on an ordinary basis. 2. Pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW), order that the defendant is entitled to a specified gross sum instead of assessed costs in the amount of $6,000 plus GST. Catchwords: COSTS — Gross sum costs order — Successful defendant — Risk that plaintiffs unable to meet costs order — Modest costs in issue — Jurisdictional issue ought to have been taken by defendant — Discount warranted — Gross sum costs of 40% of solicitor party costs ordered. Legislation Cited: Corporations Act 2001 (Cth), s 459G Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Hadid v Lenfest Communications Inc [2000] FCA 628 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 In the matter of Boss Constructions (NSW) Pty Ltd [2019] NSWSC 543 In the matter of Cardinal Group Pty Ltd (in liq) (Lump Sum Costs) [2018] NSWSC 895 John Holland Construction and Engineering Pty Limited v Kilpatrick Green Pty Limited (1994) 14 ACSR 250; (1994) 12 ACLC 716 Lakis v Lardis (No 3) [2018] NSWSC 1296 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Sony Entertainment (Aust) Limited v Smith (2005) 215 ALR 788; [2005] FCA 228 Category: Costs Parties: Boss Constructions (NSW) Pty Ltd (First Plaintiff) Nicholas Bobos (Second Plaintiff)