Fairfax Radio Network Pty Ltd v Printlane Pty Ltd (No. 2) [2011] NSWDC 121

Given the quality and sufficiency of the evidence as to quantum from the plaintiff's solicitor, the conduct of the defendants, and absence of their response, a lump sum costs order on an indemnity basis from 7 July 2011 is warranted and just under s 98 of the Civil Procedure Act 2005 (NSW).

Parties: Plaintiff: Fairfax Radio Network Pty Ltd; First Defendant: Printlane Pty Ltd; Second Defendant: Yuri Szilasi
Jurisdiction: Australia
Judgment Date: 26 August 2011
Procedural Posture: Civil / Application for Lump Sum Costs Order Following Summary Judgment
Outcome: Lump sum costs order granted; costs to be paid by defendants to plaintiff on indemnity basis.
Legal Topics: Costs, Lump Sum Costs Order, Summary Judgment, Indemnity Costs

Civil Procedure Costs Lump Sum Costs Order Summary Judgment Indemnity Costs

Case Brief

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Parties

Fairfax Radio Network Pty Ltd

Plaintiff

Printlane Pty Ltd

First Defendant

Yuri Szilasi

Second Defendant

Procedural Posture

Civil / Application for Lump Sum Costs Order Following Summary Judgment

Legal Issues

1 Whether to award lump sum costs pursuant to Civil Procedure Act 2005 (NSW) s 98(4)
2 Whether indemnity costs should be ordered from 7 July 2011

Ratio Decidendi

Court Disposition

Lump sum costs order granted; costs to be paid by defendants to plaintiff on indemnity basis.

Orders

Note the defendants have been called three times at 10:15am - No appearance.
Grant leave to the plaintiff to file in court the Affidavit of Mr Quartermain sworn 23 August 2011.