The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd (No 2) [2025] NSWSC 148

The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd (No 2) [2025] NSWSC 148

Given the generality and lack of particularity in the evidence about costs allegedly thrown away, and the need for proportionality, the Court will either fix costs at nominated sums or refer the matter to a costs assessor, with costs of the reference to follow the outcome relative to proposed figures.

Parties
Plaintiff: The Owners - Strata Plan No 95242; First Defendant: Karimbla Properties (No 42) Pty Limited; Second Defendant: Karimbla Constructions Services (NSW) Pty Ltd; Third Defendant: Guardian Protection Services (Aust) Pty Ltd; Fourth Defendant: Plumb Group Pty Limited; Fifth Defendant: Saba Bros. Tiling Pty Ltd
Jurisdiction
Australia
Judgment Date
05 March 2025
Procedural Posture
Costs Assessment / Post Leave Application; Determination of Costs Thrown Away
Outcome
Order proposed: Fix costs thrown away at $25,000 for the first and second defendants and $3,000 each for the third, fourth and fifth defendants, or refer the question to a costs assessor as described.
Legal Topics
Costs Assessment, Procedure, Costs Thrown Away
Costs Costs Assessment Procedure Costs Thrown Away

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Parties

The Owners - Strata Plan No 95242

Plaintiff

Karimbla Properties (No 42) Pty Limited

First Defendant

Karimbla Constructions Services (NSW) Pty Ltd

Second Defendant

Guardian Protection Services (Aust) Pty Ltd

Third Defendant

Plumb Group Pty Limited

Fourth Defendant

Saba Bros. Tiling Pty Ltd

Fifth Defendant

Procedural Posture

Costs Assessment / Post Leave Application; Determination of Costs Thrown Away

Legal Issues

  1. 1 What amount should be fixed as costs ‘thrown away’ to be paid by the plaintiff to the defendants following orders for further evidence

Ratio Decidendi

Given the generality and lack of particularity in the evidence about costs allegedly thrown away, and the need for proportionality, the Court will either fix costs at nominated sums or refer the matter to a costs assessor, with costs of the reference to follow the outcome relative to proposed figures.

Court Disposition

Order proposed: Fix costs thrown away at $25,000 for the first and second defendants and $3,000 each for the third, fourth and fifth defendants, or refer the question to a costs assessor as described.

Orders

  • Fix costs thrown away at $25,000 for the first and second defendants, and $3,000 for each of the third, fourth and fifth defendants, or refer to costs assessor if parties do not agree.
  • Parties to confer and inform the Associate of their preference by 5pm on 14 March 2025.