Riva NSW Pty Ltd (ACN 113 881 815) v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers (ABN 27 526 211 743) [2014] NSWCA 455

Riva NSW Pty Ltd (ACN 113 881 815) v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers (ABN 27 526 211 743) [2014] NSWCA 455

In the absence of persuasive evidence that any of the costs described by the respondents' expert in her estimate appear to have been unreasonably incurred or to be of an unreasonable amount, the appropriate lump sum costs order on an indemnity basis is $35,000, reflecting the Court's discretion and consistent with the intended efficacy of lump sum costs awards.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Procedural and Other Rulings / Costs Determination Following Dismissal of Summons
Outcome
Applicants ordered to pay first respondent $35,000 as costs of s 69 Summons and Dismissal Motion.
Legal Topics
['costs' 'indemnity Costs' 'assessment of Costs' 'lump Sum Costs Order']
['civil Procedure'] ['costs' 'indemnity Costs' 'assessment of Costs' 'lump Sum Costs Order']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Costs Determination Following Dismissal of Summons

Legal Issues

  1. 1 ['What is the reasonable amount to be allowed as party/party costs on an indemnity basis for the s 69 Summons and Dismissal Motion?' "Should the reductions in professional fees and disbursements argued by the applicants' expert be accepted in determining the gross sum costs order?"]

Ratio Decidendi

In the absence of persuasive evidence that any of the costs described by the respondents' expert in her estimate appear to have been unreasonably incurred or to be of an unreasonable amount, the appropriate lump sum costs order on an indemnity basis is $35,000, reflecting the Court's discretion and consistent with the intended efficacy of lump sum costs awards.

Court Disposition

Applicants ordered to pay first respondent $35,000 as costs of s 69 Summons and Dismissal Motion.

Orders

  • ['Riva NSW Pty Ltd, Angelo Ferella, and Tiziana Ferella to pay Fraser Clancy Lawyers $35,000 in respect of costs of the s 69 Summons and Dismissal Motion.']