McCabe v Riechelmann (No 3) [2023] NSWDC 280

McCabe v Riechelmann (No 3) [2023] NSWDC 280

The Court made final costs orders reflecting the plaintiff's substantial success and the failure of the defendant's Cross-Claim: the Statement of Claim costs were capped at $10,000 for legal services under the applicable legislation with disbursements payable subject to the statutory limitation; Cross-Claim costs were payable on the ordinary basis to 9 January 2022 and on an indemnity basis from 10 January 2022 to 8 June 2023; the defendant/cross-claimant was to pay Court hearing fees; and, because an appeal was pending and undertakings were given, the costs, disbursements and hearing fee orders were stayed until determination of the appeal or further order.

Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Civil Costs Proceedings and Notice of Motion for Stay of Costs Orders / Determination of Disputed Final Costs Orders and Defendant's Notice of Motion Filed 29 June 2023 Seeking a Stay Pending Appeal
Outcome
Final costs orders made and costs, disbursements and hearing fee orders stayed pending determination of the appeal or further order upon undertakings by the defendant.
Legal Topics
['capped Costs' 'gst on Capped Costs' 'disbursements' 'indemnity Costs' 'court Hearing Fees' 'stay of Costs Orders Pending Appeal']
['civil Procedure' 'costs'] ['capped Costs' 'gst on Capped Costs' 'disbursements' 'indemnity Costs' 'court Hearing Fees' 'stay of Costs Orders Pending Appeal']

Case Brief

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Procedural Posture

Civil Costs Proceedings and Notice of Motion for Stay of Costs Orders / Determination of Disputed Final Costs Orders and Defendant's Notice of Motion Filed 29 June 2023 Seeking a Stay Pending Appeal

Legal Issues

  1. 1 ['Whether the final costs order for the Statement of Claim proceedings should refer to GST and disbursements in addition to a $10,000 capped amount for legal services.' 'Whether the costs order for the Cross-Claim proceedings should include disbursements expressly and what period should attract indemnity costs.' 'Whether the defendant/cross-claimant should pay the Court hearing fees.' "Whether costs orders and hearing fee orders should be stayed pending determination of the defendant's appeal."]

Ratio Decidendi

The Court made final costs orders reflecting the plaintiff's substantial success and the failure of the defendant's Cross-Claim: the Statement of Claim costs were capped at $10,000 for legal services under the applicable legislation with disbursements payable subject to the statutory limitation; Cross-Claim costs were payable on the ordinary basis to 9 January 2022 and on an indemnity basis from 10 January 2022 to 8 June 2023; the defendant/cross-claimant was to pay Court hearing fees; and, because an appeal was pending and undertakings were given, the costs, disbursements and hearing fee orders were stayed until determination of the appeal or further order.

Court Disposition

Final costs orders made and costs, disbursements and hearing fee orders stayed pending determination of the appeal or further order upon undertakings by the defendant.

Orders

  • ["Pursuant to section 98 of the Civil Procedure Act 2005 and Regulation 2 of Schedule 1 of the Legal Profession Uniform Law Application Act 2014, the defendant is to pay the plaintiff's costs of the Statement of Claim proceedings as agreed or assessed capped at $10,000 for legal services as defined by Regulation 2...