Ratkovic v Hadzic [2019] NSWSC 1627

Supreme Court New South Wales

Medium Neutral Citation: Ratkovic v Hadzic [2019] NSWSC 1627 Hearing dates: 24 October 2019 Decision date: 24 October 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Direct that the plaintiff pay the costs of Turner Freeman Lawyers of, and incidental to, the Notice of Motion filed by the plaintiff on 20 July 2019 on the ordinary basis, and that those costs extend to the costs of external counsel and disbursements, as well as the costs attributable to the time incurred by the employed solicitor, Ms Foo in the matter (but not the costs of the partner at Turner Freeman Lawyers involved in the matter). 2. Order that the costs payable by the plaintiff pursuant to Order 1 be the gross sum of $4,384.50. 3. Order that those costs be paid out of the costs payable to the plaintiff by way of settlement ($40,000) and therefore that the amount to be paid to the plaintiff out of the funds retained by Turner Freeman Lawyers will be $35,615.50, with the balance held to be paid to the defendant, subject to any costs orders in relation to today's hearing. Catchwords: COSTS – costs of and incidental to a notice of motion filed by the plaintiff – where settlement reached between the plaintiff and the defendant and the notice of motion was not dealt with on its merits – where term of the settlement was that the plaintiff was to bear the burden of any order for costs made in favour of the respondent in relation to the plaintiff's notice of motion – held appropriate to make a gross sum costs order. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4) Probate and Administration Act 1898 (NSW), s 63B Succession Act 2006 (NSW), s 95, Ch 3 Cases Cited: Baller Industries Pty Ltd v Mero Mero Leasing Pty Ltd [2019] NSWSC 1067 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 Galati v Deans (No 3) [2018] NSWSC 1861 Hamod v State of New South Wales [2011] NSWCA 375 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia, Ex Parte Lai Qin (1997) 187 CLR 622; [1997] HCA 6 Category: Procedural and other rulings Parties: Dosta Ratkovic (Plaintiff) John Draga Hadzic (Defendant) Representation: Counsel: T Harris-Roxas (Plaintiff) M Bridgett (Defendant) M Pringle (Respondent)