Zugic v Vesuvius Australia Pty Ltd (No 2) [2020] NSWSC 1738

Zugic v Vesuvius Australia Pty Ltd (No 2) [2020] NSWSC 1738

Given the complexity and duration of the proceedings, the likely cost and length of any formal costs assessment, the adequacy of the materials provided (including a detailed costs report), and the plaintiff's likely limited ability to satisfy a larger costs order, the Court was satisfied that a gross sum costs order in the amount assessed was justified and should be made as sought.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Equity Costs Application / Determination of Notice of Motion for Gross Sum Costs Order
Outcome
Gross sum costs order made in favour of the defendant, security released to defendant, and further costs of the application awarded to the defendant.
Legal Topics
['costs' 'gross Sum Costs Order' 'promissory Estoppel' 'costs Assessment']
['civil Procedure' 'equity'] ['costs' 'gross Sum Costs Order' 'promissory Estoppel' 'costs Assessment']

Case Brief

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Procedural Posture

Equity Costs Application / Determination of Notice of Motion for Gross Sum Costs Order

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)' 'Whether the sum sought for costs is fair, logical and reasonable in the circumstances' 'Whether the conduct of the unsuccessful party warrants the exercise of the discretion']

Ratio Decidendi

Given the complexity and duration of the proceedings, the likely cost and length of any formal costs assessment, the adequacy of the materials provided (including a detailed costs report), and the plaintiff's likely limited ability to satisfy a larger costs order, the Court was satisfied that a gross sum costs order in the amount assessed was justified and should be made as sought.

Court Disposition

Gross sum costs order made in favour of the defendant, security released to defendant, and further costs of the application awarded to the defendant.

Orders

  • ['Pursuant to s 98(4)(c) of the Civil Procedure Act the costs ordered in favour of the defendant on 21 February 2020 are fixed as a gross sum of $486,044.67 and payable forthwith.' "The sum of $275,000 with interest, held as security for the defendant's costs, to be released and paid immediately to the defendant in...