Siteberg Pty Ltd v Bruce Maples & Ors [2010] NSWSC 307

Siteberg Pty Ltd v Bruce Maples & Ors [2010] NSWSC 307

Siteberg was not precluded by Rein J's earlier orders from seeking a gross sum costs order. Mr Maples' conduct in obtaining the Camden Local Court garnishee order was unsatisfactory and forced Siteberg to commence these proceedings; given the significant costs relative to the amount protected, Siteberg should not be put to the further expense and delay of assessment if the Court could fairly fix a gross sum. The Bill of Costs provided a sufficient broad-brush basis, but required deductions for anticipated fees, GST, excessive hourly rates, photocopying, unreasonable items and possible duplication with Local Court costs. A fair gross sum was $70,000. The restraint concerning the Farmers...

Jurisdiction
Australia
Judgment Date
28 April 2010
Procedural Posture
Costs Application / Motion for Gross Sum Costs Order After Indemnity Costs Order
Outcome
Gross sum costs order made; ancillary restraint concerning the Farmers Home Hotel refused.
Legal Topics
['gross Sum Costs Order' 'indemnity Costs' 'assessment of Costs' 'gst on Costs' 'charging Order' 'interlocutory Restraint Over Property Disposal']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'indemnity Costs' 'assessment of Costs' 'gst on Costs' 'charging Order' 'interlocutory Restraint Over Property Disposal']

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Procedural Posture

Costs Application / Motion for Gross Sum Costs Order After Indemnity Costs Order

Legal Issues

  1. 1 ["Whether it remained open to Siteberg to seek a gross sum costs order under s98(4)(c) of the Civil Procedure Act 2005 (NSW) after Rein J's orders of 13 November 2009." 'Whether the circumstances made it appropriate to make a gross sum costs order.' 'Whether the Court had sufficient material to assess a logical, fair and reasonable gross sum for costs.' 'Whether an order should be made restraining Mr Maples from causing Sandhills Village Pty Ltd to dispose of, mortgage or otherwise encumber the Farmers Home Hotel.']

Ratio Decidendi

Siteberg was not precluded by Rein J's earlier orders from seeking a gross sum costs order. Mr Maples' conduct in obtaining the Camden Local Court garnishee order was unsatisfactory and forced Siteberg to commence these proceedings; given the significant costs relative to the amount protected, Siteberg should not be put to the further expense and delay of assessment if the Court could fairly fix a gross sum. The Bill of Costs provided a sufficient broad-brush basis, but required deductions for anticipated fees, GST, excessive hourly rates, photocopying, unreasonable items and possible duplication with Local Court costs. A fair gross sum was $70,000. The restraint concerning the Farmers...

Court Disposition

Gross sum costs order made; ancillary restraint concerning the Farmers Home Hotel refused.

Orders

  • ['The First Defendant pay the Plaintiff $70,000 in respect of the legal costs of these proceedings.' "The First Defendant pay the Plaintiff's costs of this application." 'The orders of Rein J made on 13 November 2009 were varied by adding to paragraph 5: "c. The first defendant\'s shareholding in Sandhills Village...