Golden v Howard (No 2) [2024] NSWSC 172

Golden v Howard (No 2) [2024] NSWSC 172

It is appropriate to make a gross sum costs order in the sum of $15,000.00, as the evidence supports the quantum sought, the plaintiff has limited means, and the discount applied ensures no injustice.

Parties
Plaintiff/respondent: Joseph Golden; Defendant 1/applicant: John Howard; Defendant 2/applicant: Tony Burke
Jurisdiction
Australia
Judgment Date
28 February 2024
Procedural Posture
Costs Application / Final Determination of Gross Sum Costs Order
Outcome
Gross sum costs order granted
Legal Topics
Costs, Gross Sum Costs Order, Summary Dismissal
Civil Procedure Costs Gross Sum Costs Order Summary Dismissal

Case Brief

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Parties

Joseph Golden

Plaintiff/respondent

John Howard

Defendant 1/applicant

Tony Burke

Defendant 2/applicant

Procedural Posture

Costs Application / Final Determination of Gross Sum Costs Order

Legal Issues

  1. 1 Whether a gross sum costs order should be made and the appropriate quantum

Ratio Decidendi

It is appropriate to make a gross sum costs order in the sum of $15,000.00, as the evidence supports the quantum sought, the plaintiff has limited means, and the discount applied ensures no injustice.

Court Disposition

Gross sum costs order granted

Orders

  • The plaintiff is to pay to the defendants the costs referred to in order 1 made on 6 December 2023, quantified in the sum of $15,000.00.