Keira Holdings Pty Ltd -v- Broadcast Australia Pty Ltd [2016] NSWSC 1140

Keira Holdings Pty Ltd -v- Broadcast Australia Pty Ltd [2016] NSWSC 1140

The defendant was entitled to a lump sum costs order because $700,000 was more than a fair assessment of what it would be expected to receive on assessment, but no present order should be made against Mr Mullen personally because Keira first had to be given an opportunity to pay and Mr Mullen had to be given an opportunity to perform his guarantee after demand.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Costs Motion in the Equity Commercial List / Ex Tempore Judgment on Defendant's Motion for a Lump Sum Costs Order and Personal Liability for Costs
Outcome
Lump sum costs order made for the defendant against the plaintiff in the amount of $700,000; no present order made against Mr Mullen personally; proceedings stood over.
Legal Topics
['lump Sum Costs Order' 'indemnity Costs' 'guarantee of Costs Obligation' 'security for Costs' 'personal Liability for Costs']
['civil Procedure' 'costs'] ['lump Sum Costs Order' 'indemnity Costs' 'guarantee of Costs Obligation' 'security for Costs' 'personal Liability for Costs']

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Procedural Posture

Costs Motion in the Equity Commercial List / Ex Tempore Judgment on Defendant's Motion for a Lump Sum Costs Order and Personal Liability for Costs

Legal Issues

  1. 1 ['Whether the Court should make a lump sum costs order in favour of the defendant against the unsuccessful plaintiff.' "Whether Mr Paul Mary Mullen should presently be ordered personally liable for the defendant's costs under his guarantee of Keira's costs obligations."]

Ratio Decidendi

The defendant was entitled to a lump sum costs order because $700,000 was more than a fair assessment of what it would be expected to receive on assessment, but no present order should be made against Mr Mullen personally because Keira first had to be given an opportunity to pay and Mr Mullen had to be given an opportunity to perform his guarantee after demand.

Court Disposition

Lump sum costs order made for the defendant against the plaintiff in the amount of $700,000; no present order made against Mr Mullen personally; proceedings stood over.

Orders

  • ["The plaintiff is to pay the defendant's costs assessed under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) as a gross sum of $700,000 instead of assessed costs." 'No order is presently made against Mr Mullen personally.' 'The proceedings are stood over until 2 September 2016 for determination of any questions...