Peter Stefanus Sudarma, Edwina Lim Sudarma and Paul William Duggan v Dublin Group Pty Ltd and Jenny Banic (Costs) [2014] NSWCATCD 148

Peter Stefanus Sudarma, Edwina Lim Sudarma and Paul William Duggan v Dublin Group Pty Ltd and Jenny Banic (Costs) [2014] NSWCATCD 148

It was fair to order the Second Respondent Jenny Banic to pay the Applicants $21,000.00 because the Respondents' late, unwieldy affidavit, failure to comply with directions, failure to identify and particularise causes of action, and conduct of the hearing unnecessarily disadvantaged the Applicants, caused the first three hearing days to be wasted, made the proceedings unnecessarily complex and at least doubled the time taken for the hearing. No order could be made against the deregistered First Respondent.

Jurisdiction
Australia
Judgment Date
23 July 2014
Procedural Posture
Retail Leases Dispute Costs / Costs Decision Following Substantive Decision Delivered on 26 May 2014
Outcome
Costs awarded against the Second Respondent Jenny Banic in favour of the Applicants; no order made against the deregistered First Respondent.
Legal Topics
['costs Thrown Away' 'adjournment' 'failure to Comply With Tribunal Directions' 'unreasonable Prolongation of Proceedings' 'guarantor Liability for Costs']
['retail Leases' 'civil Procedure' 'costs'] ['costs Thrown Away' 'adjournment' 'failure to Comply With Tribunal Directions' 'unreasonable Prolongation of Proceedings' 'guarantor Liability for Costs']

Case Brief

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Procedural Posture

Retail Leases Dispute Costs / Costs Decision Following Substantive Decision Delivered on 26 May 2014

Legal Issues

  1. 1 ['Whether the Applicants should be awarded costs thrown away in respect of the first three hearing days.' 'Whether the Applicants should be awarded part of their costs of the two day hearing on 25 November 2013 and 28 January 2014.' 'Whether any costs order could be made against the deregistered First Respondent.']

Ratio Decidendi

It was fair to order the Second Respondent Jenny Banic to pay the Applicants $21,000.00 because the Respondents' late, unwieldy affidavit, failure to comply with directions, failure to identify and particularise causes of action, and conduct of the hearing unnecessarily disadvantaged the Applicants, caused the first three hearing days to be wasted, made the proceedings unnecessarily complex and at least doubled the time taken for the hearing. No order could be made against the deregistered First Respondent.

Court Disposition

Costs awarded against the Second Respondent Jenny Banic in favour of the Applicants; no order made against the deregistered First Respondent.

Orders

  • ['The Second Respondent Jenny Banic must forthwith pay to the Applicants the sum of $21,000.00 (being $14,000.00 for their costs thrown away in respect of the days for hearing original fixed for this matter and others and $7,000.00 being one half of the costs for Counsel and Solicitors for the hearing on 25 November...