Eliezer v The Council of St Andrew’s Cathedral School (No 2) [2021] NSWCA 227

Eliezer v The Council of St Andrew’s Cathedral School (No 2) [2021] NSWCA 227

The Court may dispense with the requirement for a notice of motion under UCPR r 36.16(3A), if applicable, when an application for a gross sum costs order has been foreshadowed and directions made for submissions, making it appropriate under s 14 of the Civil Procedure Act 2005 (NSW). In the circumstances, a gross sum costs order is appropriate and reasonable.

Jurisdiction
Australia
Judgment Date
21 September 2021
Procedural Posture
Application for Gross Sum Costs Order in Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Gross sum costs order made for the first respondent in the sum of $8,756. Applicants' application for a stay dismissed.
Legal Topics
['costs' 'gross Sum Costs Order' 'judicial Review' 'procedure on Costs Applications']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'judicial Review' 'procedure on Costs Applications']

Case Brief

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Procedural Posture

Application for Gross Sum Costs Order in Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether a notice of motion is required under UCPR r 36.16(3A) for a gross sum costs order' 'Whether the Court can dispense with the requirement for notice of motion under s 14 Civil Procedure Act 2005 (NSW)' 'Appropriateness of making a gross sum costs order in the circumstances']

Ratio Decidendi

The Court may dispense with the requirement for a notice of motion under UCPR r 36.16(3A), if applicable, when an application for a gross sum costs order has been foreshadowed and directions made for submissions, making it appropriate under s 14 of the Civil Procedure Act 2005 (NSW). In the circumstances, a gross sum costs order is appropriate and reasonable.

Court Disposition

Gross sum costs order made for the first respondent in the sum of $8,756. Applicants' application for a stay dismissed.

Orders

  • ['Pursuant to s 14 of the Civil Procedure Act 2005 (NSW), dispense with the requirement that the first respondent file a notice of motion seeking an order under s 98(4)(c) for a gross sum costs order.' "Order that the costs of the first respondent's application to the Court are specified as a gross sum of $8,756."...