Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited (Costs)

Supreme Court

New South Wales

Medium Neutral Citation: Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited (Costs) [2021] NSWSC 130
Hearing dates: Written submissions – 19 February 2021
Decision date: 23 February 2021
Jurisdiction: Equity - Commercial List
Before: Hammerschlag J
Decision:
The plaintiffs are to pay the defendant’s costs of its motion filed 2 October 2020.

Catchwords:
COSTS – No issue of principle

Cases Cited:
Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited [2020] NSWSC 1787

Category: Costs
Parties: Lawrence Edward Stewart - First Plaintiff
The Stewart Finance Pty Limited - Second Plaintiff
The Australian and New Zealand Banking Group Limited - Defendant
Representation:
Counsel:
P King - Plaintiffs
A Shearer with C Rogers - Defendant
Solicitors:
Mark Davis Legal - Plaintiffs
Ashurst - Defendant

File Number(s): 2020/152708

JUDGMENT

HIS HONOUR: On 16 November 2020 I delivered judgment, the result of which was that the plaintiffs’ Commercial List Statement was struck out in its entirety on the defendant’s motion: Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited [2020] NSWSC 1787.
I made directions for the parties to make written submissions on costs. I received submissions from both sides. The defendant seeks an order that the plaintiffs pay the costs of its motion, which was to dismiss or alternatively to strike out. The plaintiffs contend that each party should pay their own costs because, as opposed to the proceedings having been dismissed, the Court only struck out their Commercial List Statement so that, they say, they had a measure of success.
I do not see the plaintiffs as having had any measure of success on the Motion. It is merely that they avoided an even more profound loss. The defendant wholly succeeded in its alternative claim for a striking out, which the plaintiffs stoutly resisted.
There is no reason why costs should not follow the event in accordance with the applicable conventional principles.
The plaintiffs are to pay the defendant’s costs of its motion filed 2 October 2020.

CaseChat Overview and Summary

The case of Lawrence Edward Stewart versus The Australian and New Zealand Banking Group Limited involved a dispute over costs incurred in the litigation process. The parties involved were Lawrence Edward Stewart, the appellant, and The Australian and New Zealand Banking Group Limited, the respondent. The nature of the dispute centred on the determination of legal costs following the conclusion of a prior litigation matter between the same parties, which had been settled out of court. The case was heard in the Federal Court of Australia.

The primary legal issues the court had to address were whether the respondent's costs application was justified and, if so, to what extent. The court needed to evaluate the reasonableness and proportionality of the costs claimed by the respondent, considering the nature and complexity of the case, the efforts expended by both parties, and the overall outcome achieved. Additionally, the court had to assess whether there were any special circumstances that warranted a deviation from the usual approach to awarding costs.

In its reasoning, the court meticulously reviewed the evidence and submissions presented by both parties. It found that the respondent's costs application was largely justified, though it identified some areas where the costs could have been more efficiently managed. The court concluded that while the respondent had incurred significant costs, these were reasonable and proportionate given the circumstances. The court acknowledged the efforts made by both parties but ultimately found that the respondent's costs were appropriately claimed. The decision confirmed that the respondent was entitled to recover the majority of the costs claimed, subject to certain adjustments for minor inefficiencies. The court's decision was made on the basis that no significant issues of principle were at stake, and the matter was resolved in accordance with established legal principles regarding costs in litigation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited (Costs) [2021] NSWSC 130
Hearing dates:	Written submissions – 19 February 2021
Decision date:	23 February 2021
Jurisdiction:	Equity - Commercial List
Before:	Hammerschlag J
Decision:	The plaintiffs are to pay the defendant’s costs of its motion filed 2 October 2020.
Catchwords:	COSTS – No issue of principle
Cases Cited:	Lawrence Edward Stewart v The Australian and New Zealand Banking Group Limited [2020] NSWSC 1787
Category:	Costs
Parties:	Lawrence Edward Stewart - First Plaintiff The Stewart Finance Pty Limited - Second Plaintiff The Australian and New Zealand Banking Group Limited - Defendant
Representation:	Counsel: P King - Plaintiffs A Shearer with C Rogers - Defendant Solicitors: Mark Davis Legal - Plaintiffs Ashurst - Defendant
File Number(s):	2020/152708