Pham v Enterprise Pty Ltd; Sebie v Pham [2021] NSWSC 339

Pham v Enterprise Pty Ltd; Sebie v Pham [2021] NSWSC 339

The claimed costs were reasonably incurred in long-running and contested proceedings, and lump sum orders are appropriate subject to a further 20% discount for contingencies to reflect broad-brush calculation and savings.

Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Costs Application / Post Judgment, Expedition List
Outcome
Lump sum costs orders made with additional 20% discount for contingencies.
Legal Topics
['costs' 'lump Sum Costs' 'procedure']

Case Brief

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Procedural Posture

Costs Application / Post Judgment, Expedition List

  1. 1 ['Whether lump sum costs orders should be made for the running of various costs applications' 'Appropriate deductions for contingencies in lump sum costs orders']

Ratio Decidendi

The claimed costs were reasonably incurred in long-running and contested proceedings, and lump sum orders are appropriate subject to a further 20% discount for contingencies to reflect broad-brush calculation and savings.

Court Disposition

Lump sum costs orders made with additional 20% discount for contingencies.

Orders

  • ['Reduce the amount of $40,828 by 20% for contingencies and make order for resulting sum.' 'Reduce the amount from $57,654 to $45,571 and further reduce by 20% for contingencies, make order for resulting sum.']