Huang v Drumm (No 2) [2019] NSWSC 877

Supreme Court New South Wales

Medium Neutral Citation: Huang v Drumm (No 2) [2019] NSWSC 877 Hearing dates: 24 April 2019 and supplementary written submissions on 25 April 2019 and 2 May 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Pursuant to r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW), the costs order made by Pembroke J on 19 October 2018 be set aside and the following orders be made in its place with effect from today: (a) pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff to pay the defendant's costs and disbursements in the sum of $68,000.00; and (b) pursuant to s 101(4) of the Civil Procedure Act 2005 (NSW), the plaintiff to pay interest on the sum of $68,000.00 at the prescribed rate from the date this order is made until such time as Ms Huang has paid that amount. (2) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff to pay the defendant's costs of the defendant's notice of motion dated 23 October 2018 in the sum of $4,525.00. (3) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff to pay the defendant's costs of the plaintiff's notice of motion dated 23 April 2019 in the sum of $900.00. (4) The plaintiff's notice of motion dated 23 April 2019 is otherwise dismissed. Catchwords: COSTS – gross sum costs order – where proceedings have been stayed – where risk of protracted costs assessment process – where numerous costs orders made against plaintiff in favour of the defendant are outstanding – gross sum costs order made after discounting defendant's costs Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 60, 67, 94, 98, 101, 144 Legal Profession Uniform Law Application Act 2014 (NSW) Trans-Tasman Proceedings Act 2010 (Cth) s 17 Uniform Civil Procedure Rules 2005 (NSW) rr 18.4, 36.15(1), 36.16(3A), 42.1, 42.7 Cases Cited: Beach Petroleum NL v Johnson (1995) 57 FCR 119 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Fewin Pty Ltd v Burke (No 3) [2017] FCA 693 Gibson v Drumm [2016] NSWSC 570 Gillian Fisher-Pollard by her tutor Miles Fisher-Pollard v Piers Fisher-Pollard [2018] NSWSC 807 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Harrison v Schipp (2002) 52 NSWLR 738; [2002] NSWCA 213 Huang v Attapallil & Ors [2017] NSWCA 181 Huang v Attapallil (No 4) [2018] NSWSC 769 Huang v Attapallil (No. 2) [2017] NSWSC 1382 Huang v Drumm (No 2) [2018] NSWSC 1853 Huang v Drumm (No 4) [2019] NSWCA 140 Huang v Drumm [2018] NSWSC 1556 Category: Costs Parties: Biru Huang (Plaintiff) Bernard Joseph Drumm (Defendant) Representation: Counsel: Self-represented (Plaintiff) D Elliott (Defendant) File Number(s): 2016/00096823