In the matter of Tresdar Pty Ltd (No 3) [2019] NSWSC 1112

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tresdar Pty Ltd (No 3) [2019] NSWSC 1112 Hearing dates: On the papers Decision date: 27 August 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: (1) Direct the plaintiff to notify the Court within seven days whether it wishes to file and serve any further evidence in support of the application for a gross sum costs order and, if so, when. (2) Failing which the application under section 98(4)(c) of the Civil Procedure Act 2005 (NSW) for a gross sum costs order is dismissed. Catchwords: COSTS — Application for indemnity costs to be fixed in a gross sum — Plaintiff should not be put to burden of assessment — Defendant unlikely to participate further in assessment process — Where evidence of costs incurred unparticularised total — Court not in a position to make informed assessment as to quantum of order Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Evidence Act 1995 (NSW), ss 118, 119 Cases Cited: Baychek v Baychek [2010] NSWSC 987 Beach Petroleum NL v Johnson (1995) 57 FCR 119; (1995) 135 ALR 160 Bitek Pty Ltd v iConnect Pty Ltd (2012) 290 ALR 288; [2012] FCA 506 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Hodgson v Amcor Ltd; Amcor Ltd v Barnes (No 2) [2011] VSC 204 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 In the matter of Tresdar Pty Limited [2019] NSWSC 179 In the matter of Tresdar Pty Limited (No 2) [2019] NSWSC 544 Lake Cumbeline Pty Ltd v Effem Foods Pty Ltd trading as Uncle Ben's of Australia (1994) 126 ALR 58 Packer v Deputy Commissioner of Taxation [1985] 1 Qd R 275 Sony Entertainment (Australia) Ltd v Smith (2005) 215 ALR 788; [2005] FCA 228 Sparnon v Apand Pty Ltd [1998] FCA 164 Category: Costs Parties: Brendan Leonard Samuels in his own right and in his capacity as trustee of the deceased estate of Fleur Samuels (Plaintiff)