Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd [2019] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd [2019] NSWSC 1480 Hearing dates: On the papers Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Equity Before: Darke J Decision: Order made in respect of the costs of various directions hearings held between 6 July 2018 and 16 August 2019 that the plaintiff is entitled to a specified gross sum instead of assessed costs. Otherwise, each party is to pay its own costs of the proceedings after 1 June 2018. Catchwords: COSTS – specified gross sum costs order – where proceedings resolved by consent – costs of proceedings referred for assessment – where parties incurred further costs which were not the subject of the previous costs assessment – whether specified gross sum costs order should be made in relation to the further costs – specified gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bechara v Bates [2016] NSWCA 294 Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Harrison v Schipp (2002) 54 NSWLR 738 Hamod v New South Wales [2011] NSWCA 375 James v Australian and New Zealand Banking Group Limited [2016] NSWSC 833 Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 4) [2018] NSWCA 327 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 3) [2018] NSWCA 50 South Western Sydney Local Health District v Gould (No 2) [2018] NSWCA 160 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Category: Costs Parties: Stoddart (NSW) Pty Ltd (Plaintiff) Kellyville Building Pty Ltd (First Defendant) Bradford Michael Bruton (Second Defendant) Michelle Gay Bruton (Third Defendant) Representation: Solicitors: Patane Lawyers (Plaintiff) The Law Office (Defendants) File Number(s): 2018/117790 Publication restriction: Nil