District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Mallegowda v Sood (No. 7) [2019] NSWDC 252 Hearing dates: Written submissions, 11 April to 9 May 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The second defendant’s application for damages is refused.
(2) The application by the defendants/cross-claimant for indemnity costs for the whole of the proceedings is refused.
(3) By way of variation of order 3 of the orders of 29 June 2018, the plaintiff is to pay the costs charged by all the expert witnesses, including their report fees, witness expenses and any other incidental fees which are to be paid in full for all such work carried out after 12 July 2013.
(4) By way of variation of order 3 of the orders of 29 June 2018, the plaintiff is to pay the defendants’/cross-claimant’s reasonable disbursements as litigants in person, on the ordinary basis, for the conduct of the trial (including reasonable preparation costs) on the following trial dates: 2, 3, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 23, 24 and 25 May 2016; 24 August 2016; 1 June 2017; 9, 10 and 11 August 2017; 26 October 2017; 1 December 2017; 9 February and 29 June 2018 and their reasonable disbursements in the making of this application for costs.
(5) By way of variation of order 3 of the orders of 29 June 2018, all costs orders in these proceedings in favour of the plaintiff/cross-defendant are vacated.
(6) Order 5 of the orders of 29 June 2018 for the plaintiff to pay the cross-claimant’s costs of the cross-claim on the ordinary basis as well as the cross-claimant’s reasonable disbursements in relation to the cross-claim is confirmed, but with the restriction that these costs run from 12 July 2013 and are restricted to the costs of retaining the experts and identifying the publication issues set out in the cross-claim for the trial.
(7) Pursuant to UCPR r 20.14, I refer the determination of these reasonable disbursements and legal costs (and disbursements) to a costs assessor agreed upon by the parties (or, in default of agreement, by Mr B Bellach, the Manager, Costs Assessment, Supreme Court of NSW) for inquiry and report by the costs assessor on the costs questions arising from these proceedings, including but not limited to: (a) An assessment, on the ordinary basis, of the defendants’ reasonable disbursements for the trial on the dates above (including reasonable disbursements in relation to preparation of the trial); (b) An assessment of the disbursements and entitlements of the expert witnesses as well as of the defendants as for the retaining and briefing of these experts both by the litigants in person and of their solicitors for the period from the filing of the defence on 12 July 2013; (c) Any other issue germane to the assessment of these costs, such as the costs payable by the parties for the assessment.
(8)…
Continue reading Mallegowda v Sood (No. 7)
Sign in free to access the full text
- AGLC
- Mallegowda v Sood (No. 7) [2019] NSWDC 252
- Case
- [2019] NSWDC 252
- Decision Date
CaseChat Overview and Summary
The court evaluated whether the offers of compromise and Calderbank offers made by the defendants and cross-claimant were bettered by the plaintiff's outcomes. Additionally, the court considered whether the plaintiff's conduct, including denying publication and certain actions during the trial, warranted special costs orders against him. The plaintiff, in turn, sought orders that each party bear their own costs due to the defendants' and cross-claimant's conduct during the trial.
The court found that the defendants' and cross-claimant's applications for indemnity costs and damages were not successful, but they were entitled to certain costs and disbursements on an issue-by-issue basis. The court ordered that the plaintiff bear the costs of expert witnesses from a specified date and the defendants' and cross-claimant's reasonable disbursements for the trial and the costs of the application for costs. The court also vacated certain costs orders in favour of the plaintiff and restricted the costs related to the cross-claim. The court referred the determination of the costs to a costs assessor, in accordance with UCPR r 20.14, to ensure a detailed and impartial assessment of the costs and disbursements.
Orders
Orders of the court
(1) The second defendant’s application for damages is refused.
(2) The application by the defendants/cross-claimant for indemnity costs for the whole of the proceedings is refused.
(3) By way of variation of order 3 of the orders of 29 June 2018, the plaintiff is to pay the costs charged by all the expert witnesses, including their report fees, witness expenses and any other incidental fees which are to be paid in full for all such work carried out after 12 July 2013.
(4) By way of variation of order 3 of the orders of 29 June 2018, the plaintiff is to pay the defendants’/cross-claimant’s reasonable disbursements as litigants in person, on the ordinary basis, for the conduct of the trial (including reasonable preparation costs) on the following trial dates: 2, 3, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 23, 24 and 25 May 2016; 24 August 2016; 1 June 2017; 9, 10 and 11 August 2017; 26 October 2017; 1 December 2017; 9 February and 29 June 2018 and their reasonable disbursements in the making of this application for costs.
(5) By way of variation of order 3 of the orders of 29 June 2018, all costs orders in these proceedings in favour of the plaintiff/cross-defendant are vacated.
(6) Order 5 of the orders of 29 June 2018 for the plaintiff to pay the cross-claimant’s costs of the cross-claim on the ordinary basis as well as the cross-claimant’s reasonable disbursements in relation to the cross-claim is confirmed, but with the restriction that these costs run from 12 July 2013 and are restricted to the costs of retaining the experts and identifying the publication issues set out in the cross-claim for the trial.
(7) Pursuant to UCPR r 20.14, I refer the determination of these reasonable disbursements and legal costs (and disbursements) to a costs assessor agreed upon by the parties (or, in default of agreement, by Mr B Bellach, the Manager, Costs Assessment, Supreme Court of NSW) for inquiry and report by the costs assessor on the costs questions arising from these proceedings, including but not limited to: (a) An assessment, on the ordinary basis, of the defendants’ reasonable disbursements for the trial on the dates above (including reasonable disbursements in relation to preparation of the trial); (b) An assessment of the disbursements and entitlements of the expert witnesses as well as of the defendants as for the retaining and briefing of these experts both by the litigants in person and of their solicitors for the period from the filing of the defence on 12 July 2013; (c) Any other issue germane to the assessment of these costs, such as the costs payable by the parties for the assessment.
(8) Mr Bellach is to advise the court as well as the parties of any issues in relation to the costs of the referral, including but not limited to the payment of referral fees in advance.
(9) Liberty to apply in relation to the implementation of the orders set out above.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.