Filmlock Pty Limited v Nissi Investments Pty Limited (No 3) [2013] NSWSC 1594

Filmlock Pty Limited v Nissi Investments Pty Limited (No 3) [2013] NSWSC 1594

Given the defendants’ conduct, the adequacy of the plaintiffs’ evidence and the absence of any response from the defendants, it is appropriate to order payment of costs by the defendants to the first and third plaintiffs in the gross fixed sum of $242,996.06.

Parties
First Plaintiff: Filmlock Pty Limited; Third Plaintiff: Pearse Property Group Pty Limited; First Defendant: Nissi Investments Pty Limited; Second Defendant: Samuel Ng; Third Defendant: Soni Tanuwidjaja
Jurisdiction
Australia
Judgment Date
01 November 2013
Procedural Posture
Costs Determination / Application for Gross Fixed Sum Costs Order
Outcome
Defendants ordered to pay first and third plaintiffs' costs in the gross fixed sum of $242,996.06.
Legal Topics
Gross Fixed Sum Costs Order, Assessment of Costs
Civil Procedure Costs Gross Fixed Sum Costs Order Assessment of Costs

Case Brief

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Parties

Filmlock Pty Limited

First Plaintiff

Pearse Property Group Pty Limited

Third Plaintiff

Nissi Investments Pty Limited

First Defendant

Samuel Ng

Second Defendant

Soni Tanuwidjaja

Third Defendant

Procedural Posture

Costs Determination / Application for Gross Fixed Sum Costs Order

Legal Issues

  1. 1 Whether the court should make an order for costs in a specified gross fixed sum under s 98(4)(c) Civil Procedure Act 2005 (NSW)
  2. 2 Whether the sum claimed is logical, fair, and reasonable given the conduct of the parties

Ratio Decidendi

Given the defendants’ conduct, the adequacy of the plaintiffs’ evidence and the absence of any response from the defendants, it is appropriate to order payment of costs by the defendants to the first and third plaintiffs in the gross fixed sum of $242,996.06.

Court Disposition

Defendants ordered to pay first and third plaintiffs' costs in the gross fixed sum of $242,996.06.

Orders

  • The defendants are to pay the first and third plaintiffs’ costs of the proceedings in the gross fixed sum of $242,996.06.