Goldsmith v Kang [2019] NSWSC 981

Supreme Court New South Wales

Medium Neutral Citation: Goldsmith v Kang [2019] NSWSC 981 Hearing dates: On the papers Date of orders: 02 August 2019 Decision date: 02 August 2019 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders and directions:

(1) Leave is granted to the parties to provide submissions as to the disposition of the interim freezing order as follows:

(a) The plaintiff is to file written submissions by 4pm on Friday, 9 August 2019; and

(b) The defendant is to file written submissions in reply by 4pm on Friday, 16 August 2019.

(2) In the event the plaintiff does not wish to be heard as to the continuation of the interim freezing order, the plaintiff is to file short minutes of order as to the final disposition of these proceedings, in the light of this judgment, by 4pm on Friday, 9 August 2019. The Court will make orders administratively in Chambers. Catchwords: COSTS – indemnity basis – gross sum costs – orders

CIVIL PROCEDURE – defendant barred from defending – application for leave to be heard as to costs – issue as to appearance of defendant – right to appear

CIVIL PROCEDURE – extant interim freezing order – directions Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Abigroup v Abignano (1992) 112 ALR 497 Aon Risk Services Limited v Australian National University [2009] HCA 27 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Council of the City of Botany Bay v Michos [2013] NSWCA 244 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v New South Wales [2011] NSWCA 375 Hamod v State of NSW (2002) 188 ALR 659; [2002] FCA 424 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Idoport Pty Ltd v National Australia Bank [2007] NSWSC 23 Lawrence v Nikolaidis (2003) 57 NSWLR 355; [2003] NSWCA 129 Ly v Dong [2018] NSWSC 122 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Smoothpool v Pickering [2001] SASC 131 Sony Entertainment (Aust) Ltd v Smith (2005) 215 ALR 788; [2005] FCA 228 Velissaris v Fitzgerald [2008] VSCA 152 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Costs Parties: Barrie Goldsmith (Plaintiff) Edward Kang (Defendant) Representation: Solicitors: Goldsmith Lawyers (Plaintiff) File Number(s): 2017/170088