In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 861

In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 861

Because the Plaintiffs did not contest the Defendants' calculation and made no submissions on payment timing, the appropriate order was that the quantified wasted costs be paid forthwith and the matter be listed for directions to confirm payment. Although the Plaintiffs were substantially unsuccessful on the gross sum costs application and should pay the Defendants' costs of that Interlocutory Process as agreed or assessed, the Court was not persuaded that those application costs should be payable forthwith.

Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Equity Corporations List; Costs / Orders to Give Effect to Costs Judgment Concerning a Gross Sum Costs Order
Outcome
Orders made to give effect to costs judgment.
Legal Topics
['gross Sum Costs Order' 'indemnity Costs' 'wasted Costs' 'costs Forthwith' 'discovery Non Compliance']
['costs' 'corporations'] ['gross Sum Costs Order' 'indemnity Costs' 'wasted Costs' 'costs Forthwith' 'discovery Non Compliance']

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Procedural Posture

Equity Corporations List; Costs / Orders to Give Effect to Costs Judgment Concerning a Gross Sum Costs Order

Legal Issues

  1. 1 ['What orders should be made to give effect to the earlier judgment that a gross sum costs order should be made in favour of the Defendants.' "Whether the Plaintiffs should pay the Defendants' wasted costs forthwith." "Whether the Plaintiffs should pay the Defendants' costs of the Interlocutory Process filed on 22 May 2020 forthwith."]

Ratio Decidendi

Because the Plaintiffs did not contest the Defendants' calculation and made no submissions on payment timing, the appropriate order was that the quantified wasted costs be paid forthwith and the matter be listed for directions to confirm payment. Although the Plaintiffs were substantially unsuccessful on the gross sum costs application and should pay the Defendants' costs of that Interlocutory Process as agreed or assessed, the Court was not persuaded that those application costs should be payable forthwith.

Court Disposition

Orders made to give effect to costs judgment.

Orders

  • ["The Plaintiffs pay the Defendants' wasted costs of and incidental to (1) the Plaintiffs' failure to give discovery and access to discovered documents from 21 December 2019 until 30 April 2020; and (2) the determination whether the proceedings should be dismissed, on an indemnity basis, quantified in the gross sum...