Dlakic v MLC Limited (No 2) [2019] NSWSC 520

Dlakic v MLC Limited (No 2) [2019] NSWSC 520

Given the nature and quantum of the costs, circumstances of the adjournment, and the evidence presented, it is appropriate and in the interests of justice to award the defendant a gross sum costs order discounted by 20%, assessed at $65,600.

Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Costs Application / Motion for Gross Sum Costs Order Following Adjournment
Outcome
Gross sum costs order granted in favour of the defendant; no immediate stay on proceedings.
Legal Topics
['costs' 'adjournment' 'gross Sum Costs Orders']
['civil Procedure'] ['costs' 'adjournment' 'gross Sum Costs Orders']

Case Brief

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Procedural Posture

Costs Application / Motion for Gross Sum Costs Order Following Adjournment

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) in relation to an adjournment; whether a discount should be applied to the claimed costs; whether proceedings should be stayed pending satisfaction of the costs order']

Ratio Decidendi

Given the nature and quantum of the costs, circumstances of the adjournment, and the evidence presented, it is appropriate and in the interests of justice to award the defendant a gross sum costs order discounted by 20%, assessed at $65,600.

Court Disposition

Gross sum costs order granted in favour of the defendant; no immediate stay on proceedings.

Orders

  • ["The plaintiff is to pay the defendant's costs thrown away by reason of the adjournment, the costs of the plaintiff's notice of motion filed on 2 April 2019, and the costs of the defendant's notice of motion filed on 10 April 2019 in the gross sum of $65,600." 'List the matter for further directions before the...