Sun v Pager [2023] NSWSC 732

Sun v Pager [2023] NSWSC 732

The application for interlocutory relief was ill advised and persistence in seeking it, despite an available early final hearing, justifies an order for indemnity costs, to be paid forthwith as a gross sum.

Parties
Plaintiff/applicant: Xia Hua Sun; Defendant/respondent: Natalie Pager
Jurisdiction
Australia
Judgment Date
27 June 2023
Procedural Posture
Interlocutory Application for Mandatory Injunction / Costs Order Following Withdrawal of Interlocutory Relief
Outcome
Plaintiff to pay defendant's costs of the motion on indemnity basis from 2 June 2023, costs to be assessed as gross sum and payable forthwith
Legal Topics
Interlocutory Mandatory Injunction, Costs, Indemnity Costs, Gross Sum Assessment
Civil Procedure Equity Technology and Construction Interlocutory Mandatory Injunction Costs Indemnity Costs Gross Sum Assessment

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Parties

Xia Hua Sun

Plaintiff/applicant

Natalie Pager

Defendant/respondent

Procedural Posture

Interlocutory Application for Mandatory Injunction / Costs Order Following Withdrawal of Interlocutory Relief

Legal Issues

  1. 1 Whether applicant should pay costs of motion for interlocutory mandatory injunction
  2. 2 Whether costs should be on indemnity basis
  3. 3 Whether costs should be assessed as a gross sum and payable forthwith

Ratio Decidendi

The application for interlocutory relief was ill advised and persistence in seeking it, despite an available early final hearing, justifies an order for indemnity costs, to be paid forthwith as a gross sum.

Court Disposition

Plaintiff to pay defendant's costs of the motion on indemnity basis from 2 June 2023, costs to be assessed as gross sum and payable forthwith

Orders

  • Plaintiff to pay defendant's costs of Notice of Motion of 6 March 2023, including on indemnity basis from 2 June 2023
  • Costs to be assessed as gross sum under s 98(4) of the Civil Procedure Act 2005 (NSW) and payable forthwith