Blaze Advertising Pty Ltd v Momentum Accounting Pty Ltd [2019] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Blaze Advertising Pty Ltd v Momentum Accounting Pty Ltd [2019] NSWSC 962 Hearing dates: 29 July 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Judgment for Blaze Advertising Pty Ltd against Cardinal House Pty Ltd and Paul Carroll for $719,943.97 together with interest up to judgment in the amount of $127,123.52. (2) Order Cardinal House Pty Ltd and Paul Carroll to pay Blaze Advertising Pty Ltd's costs of the proceedings, specified as a gross sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 in the amount of $77,500. Catchwords: CIVIL PROCEDURE – where defendant failed to appear – whether judgment should be given against defendant pursuant to UCPR r 29.7(3)

COSTS – where plaintiff made offer of compromise to defendant – whether costs on an indemnity basis should be awarded – whether a gross sum costs order should be made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 58, 98(4)(c) Uniform Civil Procedure Rules 2005 (NSW), r 29.7(3) Cases Cited: Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Category: Principal judgment Parties: Blaze Advertising Pty Ltd (Plaintiff) Momentum Accounting Pty Ltd (First Defendant) Cardinall House Pty Ltd (Second Defendant) John Halliley (Third Defendant) Paul Carroll (Fourth Defendant) Representation: Counsel: P M Knowles (Plaintiff)

Solicitors: Somerville Legal (Plaintiff) File Number(s): 2017/139068 Publication restriction: Nil