Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd (No 2) [2018] NSWSC 118

Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd (No 2) [2018] NSWSC 118

It is just, quick, and cheap to award a gross sum for costs under s 98(4) of the Civil Procedure Act 2005 (NSW), given the modesty and reasonableness of the fees, the efficiency of court appearances, and the proportionality of costs, with a minor discount to reflect the non-assessment process.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Plaintiffs' application for gross sum costs orders granted with a modest discount; third and sixth defendants to pay specified sums.
Legal Topics
['costs' 'gross Sum Costs Order']
['civil Procedure'] ['costs' 'gross Sum Costs Order']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the plaintiffs should be awarded costs in a gross sum pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW)' 'Whether a discount should be applied to the gross sum for costs']

Ratio Decidendi

It is just, quick, and cheap to award a gross sum for costs under s 98(4) of the Civil Procedure Act 2005 (NSW), given the modesty and reasonableness of the fees, the efficiency of court appearances, and the proportionality of costs, with a minor discount to reflect the non-assessment process.

Court Disposition

Plaintiffs' application for gross sum costs orders granted with a modest discount; third and sixth defendants to pay specified sums.

Orders

  • ["Order the third defendant, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay the plaintiffs' costs in the specified gross sum of $32,900, including GST." "Order the sixth defendant, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), to pay the plaintiffs' costs in the specified gross sum of...