Wallis v Rudek (No 6) [2021] NSWSC 1006

Wallis v Rudek (No 6) [2021] NSWSC 1006

The plaintiffs' persistent refusal to comply with court orders and cooperate reasonably regarding the removal of their chattels from the defendant's property justifies the making of a gross sum costs order in favour of the defendant in the amount of $48,000 for all reserved and undetermined costs, payable in addition to $10,000 for prior costs orders, and justifies dissolution of the previously made freezing order.

Parties
First Plaintiff: Yuri Wallis; Second Plaintiff: Olga Wallis; Defendant: Suzanne Rudek
Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Equity / Costs/enforcement Decision
Outcome
Plaintiffs' notice of motion dismissed; plaintiffs ordered to pay defendant's costs; freezing order dissolved; final orders for disposal of chattels.
Legal Topics
Gross Sum Costs, Indemnity Costs, Costs Assessment, Freezing Orders, Enforcement of Costs Orders
Costs Gross Sum Costs Indemnity Costs Costs Assessment Freezing Orders Enforcement of Costs Orders

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Parties

Yuri Wallis

First Plaintiff

Olga Wallis

Second Plaintiff

Suzanne Rudek

Defendant

Procedural Posture

Equity / Costs/enforcement Decision

Legal Issues

  1. 1 Whether the plaintiffs should pay the defendant's costs on an indemnity and gross sum basis
  2. 2 Whether the circumstances justify a gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)
  3. 3 Whether a freezing order should be dissolved

Ratio Decidendi

The plaintiffs' persistent refusal to comply with court orders and cooperate reasonably regarding the removal of their chattels from the defendant's property justifies the making of a gross sum costs order in favour of the defendant in the amount of $48,000 for all reserved and undetermined costs, payable in addition to $10,000 for prior costs orders, and justifies dissolution of the previously made freezing order.

Court Disposition

Plaintiffs' notice of motion dismissed; plaintiffs ordered to pay defendant's costs; freezing order dissolved; final orders for disposal of chattels.

Orders

  • Plaintiffs' notice of motion filed 3 February 2021 dismissed.
  • Plaintiffs to pay defendant $48,000 assessed on a gross sum basis for all reserved and undetermined costs.