In the matter of Commonwealth Securities Ltd

[2026] NSWSC 1118

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. COSTS — general rule that costs follow the event — where indemnity costs sought by the Plaintiff
1. COSTS — whether to make a gross sum costs order

A self-represented litigant's status is relevant to, but does not preclude, an order for indemnity costs where the litigant's conduct in maintaining proceedings was plainly unreasonable and involved an element of delinquency, such as persisting with a statutory demand that was clearly deficient and based on a plainly disputed debt.
A gross sum costs order under s 98(4) of the Civil Procedure Act 2005 (NSW) may be made where costs assessment is likely to be expensive and protracted, particularly where the paying party's conduct of the litigation has inflated costs and there is reason to doubt their capacity to pay; the court applies a broad-brush approach rather than a detailed taxation-style examination.
A financial institution is entitled to treat the issue of a creditor's statutory demand against it as a serious matter in determining the resources devoted to responding, and the resulting magnitude of costs does not of itself preclude a gross sum order where the costs are sufficiently supported by evidence.