In the matter of Lainson Holdings Pty Limited

Lainson Holdings Pty Limited applied for a gross sum costs order against a company, alleging breach of contract and seeking damages. The respondents did not comply with a subpoena and the applicant applied for security for costs of compliance and for costs. The court was required to decide whether to make a gross sum costs order for compliance with the subpoena and for the applications, and if so, the appropriate amount. The court found that the appropriate amount for compliance costs was limited to the amount of the security previously ordered, which exceeded the costs of compliance. The court also fixed a sum for the costs of the applications. The applicant was entitled to a gross sum costs order in the amount of the security for the costs of compliance and the fixed sum for the costs of the applications. The court made orders accordingly.