Peter Stefanus Sudarma, Edwina Lim Sudarma and Paul William Duggan v Dublin Group Pty Ltd and Jenny Banic (Costs)

The applicants, Peter Stefanus Sudarma, Edwina Lim Sudarma, and Paul William Duggan, sought costs against the Dublin Group Pty Ltd and Jenny Banic. The dispute arose from a retail lease matter, where the applicants challenged the legality and enforceability of certain terms within their lease agreements. The matter was heard in the Supreme Court of New South Wales. The primary focus of the application was to secure costs incurred by the applicants due to the respondents' conduct during the litigation process.

The legal issues before the court involved determining whether the respondents' conduct warranted an award of costs to the applicants. Specifically, the applicants argued that the respondents had unreasonably prolonged the litigation, leading to unnecessary expenses. The applicants sought compensation for costs thrown away due to the rescheduling of hearing dates and partial reimbursement for the costs of counsel and solicitors associated with the rescheduled hearings.

In assessing the matter, the court considered the conduct of the respondents and the impact of their actions on the applicants' litigation expenses. The court found that the respondents' actions were unreasonable and had led to the applicants incurring additional costs. As a result, the court ruled in favour of the applicants, ordering the second respondent, Jenny Banic, to pay the applicants $21,000. This amount included $14,000 for costs incurred due to the rescheduling of the original hearing date and $7,000 as partial reimbursement for counsel and solicitor fees for the rescheduled hearings on 25 November 2013 and 28 January 2014.