Omaya Investments Pty Ltd v Project Lawyers (No. 2) [2019] NSWSC 1455

Supreme Court New South Wales

Medium Neutral Citation: Omaya Investments Pty Ltd v Project Lawyers (No. 2) [2019] NSWSC 1455 Hearing dates: Written submissions Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Equity Before: Slattery J Decision: The Court makes no order as to costs, to the intent that each party will bear its own costs of the proceedings. Catchwords: COSTS – party/party costs – solicitors' lien – substitute security ordered – plaintiff (client) seeks party/party costs, on the basis that the security ultimately ordered was offered prior to the commencement of proceedings – defendant (solicitors) opposes award of costs on various bases – what costs orders should be made – whether the urgency of the commencement of the proceedings was a result of the plaintiff's unexplained delay – whether either party conducted itself unreasonably – whether the defendants' failure initially to agree to the alternative security offered was reasonable – whether the plaintiff should have authorised some uncontested disbursements to be paid. Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Omaya Investments Pty Ltd v Project Lawyers [2019] NSWSC 1394 Oxford Funding Pty Ltd v Oxford Asia Pacific Investments Pty Ltd (No. 2) [2006] FCA 1542 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Plaintiff: Omaya Investments Pty Ltd Defendant: Project Lawyers Representation: Counsel: Plaintiff: J. Knackstredt Defendant: M. Brabazon SC