James v Phillips (No 2) [2017] NSWSC 257

James v Phillips (No 2) [2017] NSWSC 257

The Court has power to make a gross-sum costs order under the Civil Procedure Act 2005 (NSW) s 98(4)(c). However, because of comity and judicial restraint regarding federal proceedings, costs for the Federal Circuit Court were excluded. Applying a 12% discount for excess in reviewed invoices, the Supreme Court ordered the plaintiffs to pay the defendants $65,789.63 in indemnity costs for these proceedings.

Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Costs Application / Post Judgment Orders
Outcome
Plaintiffs ordered to pay indemnity costs to defendants in the sum specified.
Legal Topics
['costs' 'gross Sum Costs Order' 'indemnity Costs' 'cost Assessment Discount' 'jurisdiction Over Costs in Federal Proceedings']
['civil Procedure' 'equity'] ['costs' 'gross Sum Costs Order' 'indemnity Costs' 'cost Assessment Discount' 'jurisdiction Over Costs in Federal Proceedings']

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Procedural Posture

Costs Application / Post Judgment Orders

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has power to order costs incurred in Federal Circuit Court proceedings' 'Whether specific claimed costs (internal communications, litigation funding expenses) are recoverable on an indemnity basis' 'Whether a discount should be applied to claimed costs on a gross-sum lump basis']

Ratio Decidendi

The Court has power to make a gross-sum costs order under the Civil Procedure Act 2005 (NSW) s 98(4)(c). However, because of comity and judicial restraint regarding federal proceedings, costs for the Federal Circuit Court were excluded. Applying a 12% discount for excess in reviewed invoices, the Supreme Court ordered the plaintiffs to pay the defendants $65,789.63 in indemnity costs for these proceedings.

Court Disposition

Plaintiffs ordered to pay indemnity costs to defendants in the sum specified.

Orders

  • ['Plaintiffs to pay to the defendants the sum of $65,789.63.']