In the matter of Tresdar Pty Ltd (No 4) [2019] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Tresdar Pty Ltd (No 4) [2019] NSWSC 1456 Hearing dates: On the papers Decision date: 24 October 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: (1) Order pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW) that the plaintiff is to be entitled to a specified gross sum in the amount of $952,000 including GST in respect of his costs of these proceedings. Catchwords: COSTS — Application for costs to be fixed in a gross sum — Quantification — No issue of principle — Costs fixed. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: In the matter of Tresdar Pty Limited [2019] NSWSC 179 In the matter of Tresdar Pty Limited (No 2) [2019] NSWSC 544 In the matter of Tresdar Pty Limited (No 3) [2019] NSWSC 1112 Category: Costs Parties: Brendan Leonard Samuels in his own right and in his capacity as trustee of the deceased estate of Fleur Samuels (Plaintiff)

John Powell Keefe (First Defendant) Tresdar Pty Limited ACN 003 225 536 (Second Defendant) Representation: Solicitors: Keith Redenbach Legal (Plaintiff)

The First Defendant did not make submissions on this application. File Number(s): 2017/384519

Judgment 1. HER HONOUR: On 27 August 2019, I determined that this was an appropriate case to make a lump sum costs order but was unable to do so on the basis of the limited evidence before me: In the matter of Tresdar Pty Limited (No 3) [2019] NSWSC 1112. These reasons assume familiarity with that decision, as well as the principal judgment (In the matter of Tresdar Pty Limited [2019] NSWSC 179) and my reasons for ordering costs to be paid on an indemnity basis (In the matter of Tresdar Pty Limited (No 2) [2019] NSWSC 544). Since Tresdar (No 3), the plaintiff's solicitor has filed further evidence in support of the application, which has been served on the first defendant, John Keefe. On 29 August 2019, I made orders in chambers for Mr Keefe to serve any affidavits or submissions in reply by 12 September 2019, but none have been received. 2. The plaintiff's solicitor, Keith Redenbach, has now supplied the fee notes for his firm and also invoices rendered by the expert accountant and counsel. I have reviewed the invoices. It is apparent from the invoices that the expert accountant was retained months before the solicitor and, indeed, he referred the matter to the solicitor. The solicitor was retained on 21 May 2017 and, on 25 May 2017, a conference was held with senior counsel. Junior counsel who appeared at trial was briefed in November 2017, before proceedings were commenced in December 2017. It is apparent from the pleadings and affidavit evidence that counsel was involved from the outset in drafting these documents. Senior counsel who appeared at trial was briefed in April 2018, before the hearing of the only substantive interlocutory application in June 2018 before Gleeson JA. The matter was heard in February 2019. 3. Mr Redenbach has reviewed the legal fees sought in his earlier affidavit and made some corrections. In summary, the fees incurred (including GST) were: Senior counsel's fees $76,560.00 Junior counsel's fees $165,412.50 Expert accounting fees $156,994.46 Solicitor's fees $678,146.22 Court filing fees $4,920.00 $1,082,033.18