Lambourne v Baker [2024] NSWCA 281

Lambourne v Baker [2024] NSWCA 281

A gross costs order was appropriate due to the extensive litigation history, frequent costs disputes, and to avoid expense and delay; a discount to the sum claimed was applied after considering the solicitor’s affidavit.

Parties
First Plaintiff: Marc Alan Lambourne; Second Plaintiff: Glenn Craig Pollett; Third Plaintiff: Punters Show Pty Ltd; First Defendant: Dallas Matthew Baker; Second Defendant: Todd Cameron Buckingham; Third Defendant: BetMakers Technology Group Ltd; Fourth Defendant: 12 Follow Pty Ltd; Fifth Defendant: Operis Momentus Pty Ltd
Jurisdiction
Australia
Judgment Date
25 November 2024
Procedural Posture
Costs Application / Application for Gross Costs Order and Stay
Outcome
Gross costs order for $10,000 in favour of defendants; orders stayed for 28 days
Legal Topics
Costs, Gross Costs Order, Stay of Orders
Civil Procedure Costs Gross Costs Order Stay of Orders

Case Brief

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Parties

Marc Alan Lambourne

First Plaintiff

Glenn Craig Pollett

Second Plaintiff

Punters Show Pty Ltd

Third Plaintiff

Dallas Matthew Baker

First Defendant

Todd Cameron Buckingham

Second Defendant

BetMakers Technology Group Ltd

Third Defendant

12 Follow Pty Ltd

Fourth Defendant

Operis Momentus Pty Ltd

Fifth Defendant

Procedural Posture

Costs Application / Application for Gross Costs Order and Stay

Legal Issues

  1. 1 Whether a gross costs order should be made under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether a stay of the costs order should be granted

Ratio Decidendi

A gross costs order was appropriate due to the extensive litigation history, frequent costs disputes, and to avoid expense and delay; a discount to the sum claimed was applied after considering the solicitor’s affidavit.

Court Disposition

Gross costs order for $10,000 in favour of defendants; orders stayed for 28 days

Orders

  • Plaintiffs to pay defendants' costs of the notices of motion in the sum of $10,000.
  • Orders stayed for 28 days from today.