Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 433

Kiwi Munchies Pty Limited v Stern & Ors [2006] NSWSC 433

Reflecting the parties' consent to resolve the appeal by a lump-sum re-determination, the plaintiffs' appeal was upheld and the assessment was re-determined at $4,941. Because the fourth defendant substantially succeeded, but the plaintiffs achieved a partial reduction and the dispute involved a modest sum, a fixed party-party costs order of $24,000 was appropriate rather than requiring further assessment.

Jurisdiction
Australia
Judgment Date
21 April 2006
Procedural Posture
Appeal From Decision of Costs Assessor / Judgment on Appeal and Re Determination of Costs
Outcome
Plaintiffs' appeal upheld; assessment of costs re-determined; plaintiffs ordered to pay the fourth defendant's costs.
Legal Topics
['appeal From Costs Assessment' 'legal Costs in Local Court Proceedings' 'costs Thrown Away' 'indemnity Principle' 'fixed Costs Order']
['civil Procedure' 'costs' 'insurance'] ['appeal From Costs Assessment' 'legal Costs in Local Court Proceedings' 'costs Thrown Away' 'indemnity Principle' 'fixed Costs Order']

Case Brief

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Procedural Posture

Appeal From Decision of Costs Assessor / Judgment on Appeal and Re Determination of Costs

Legal Issues

  1. 1 ["Whether costs were payable under the parties' agreement if the relevant insurance policy did not respond to the plaintiffs' claim against the fourth defendant." 'Whether assessed costs should be reduced because amounts claimed had not been billed to or paid by the principal or insurer.' 'Whether the Court should make a fixed sum costs order in favour of the fourth defendant.']

Ratio Decidendi

Reflecting the parties' consent to resolve the appeal by a lump-sum re-determination, the plaintiffs' appeal was upheld and the assessment was re-determined at $4,941. Because the fourth defendant substantially succeeded, but the plaintiffs achieved a partial reduction and the dispute involved a modest sum, a fixed party-party costs order of $24,000 was appropriate rather than requiring further assessment.

Court Disposition

Plaintiffs' appeal upheld; assessment of costs re-determined; plaintiffs ordered to pay the fourth defendant's costs.

Orders

  • ["Plaintiffs' appeal upheld." 'I re-determine the assessment of costs in a sum of $4,941.' "Order the plaintiffs to pay the fourth defendant's costs in a sum of $24,000."]