Naro Investments Pty Limited v Benjamin & Khoury Pty Limited (No 2) [2020] NSWSC 689
Given that no relief was sought against Benjamin & Khoury, their participation was limited and the evidence filed was largely unnecessary; the reasonable costs are fixed at $2,200 and should be paid forthwith as this brings a discrete chapter of litigation to a close.
- Jurisdiction
- Australia
- Judgment Date
- 03 June 2020
- Procedural Posture
- Costs Application / Post Judgment Costs Determination
- Outcome
- Plaintiff to pay defendant's costs of the motion in fixed sum, payable forthwith.
- Legal Topics
- ['costs' 'gross Sum Costs' 'quantification of Costs' 'payment Forthwith']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Costs Application / Post Judgment Costs Determination
Legal Issues
- 1 ['Whether costs of the motion should be awarded to Benjamin & Khoury Pty Limited' 'What gross sum should be fixed for costs' 'Whether such costs should be payable forthwith']
Ratio Decidendi
Given that no relief was sought against Benjamin & Khoury, their participation was limited and the evidence filed was largely unnecessary; the reasonable costs are fixed at $2,200 and should be paid forthwith as this brings a discrete chapter of litigation to a close.
Court Disposition
Plaintiff to pay defendant's costs of the motion in fixed sum, payable forthwith.
Orders
- ["Order pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW) that the defendant is to be entitled to a specified gross sum in the amount of $2,200 including GST in respect of its costs of the first plaintiff's motion filed on 14 May 2020, such costs to be payable forthwith."]
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