Qasim v Mitchell (No 2) [2022] NSWSC 1231

Qasim v Mitchell (No 2) [2022] NSWSC 1231

Gross sum cost orders are appropriate where claims are summarily dismissed or parties improperly joined, the evidence is unchallenged, a broad-brush discount has been applied, and costs assessment would not serve the interests of justice. Indemnity costs are warranted when the claims were clearly unreasonable and vexatious.

Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Civil / Costs Order Following Summary Dismissal/removal Orders
Outcome
Applications granted for gross sum costs orders; granted indemnity costs to fifth defendant with discount on gross sum basis.
Legal Topics
['costs' 'summary Dismissal' 'indemnity Costs' 'gross Sum Costs Orders']
['civil Procedure'] ['costs' 'summary Dismissal' 'indemnity Costs' 'gross Sum Costs Orders']

Case Brief

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Procedural Posture

Civil / Costs Order Following Summary Dismissal/removal Orders

Legal Issues

  1. 1 ['Whether costs should be paid in a gross sum rather than assessed' 'Whether indemnity costs are appropriate for the fifth defendant']

Ratio Decidendi

Gross sum cost orders are appropriate where claims are summarily dismissed or parties improperly joined, the evidence is unchallenged, a broad-brush discount has been applied, and costs assessment would not serve the interests of justice. Indemnity costs are warranted when the claims were clearly unreasonable and vexatious.

Court Disposition

Applications granted for gross sum costs orders; granted indemnity costs to fifth defendant with discount on gross sum basis.

Orders

  • ["Plaintiffs to pay the second defendant's costs as per order (2)(b) dated 30 May 2022 in the gross sum of $11,453.69." "Plaintiffs to pay the fourth defendant's costs as per order (4)(b) dated 30 May 2022 in the gross sum of $22,000." "Vary order (5)(b) dated 30 May 2022; plaintiffs to pay the fifth defendant's...