Palazzi v Beyer t/as Leisure Pools and Spas Newcastle (No 2) [2020] NSWCATCD 19

Palazzi v Beyer t/as Leisure Pools and Spas Newcastle (No 2) [2020] NSWCATCD 19

A lump sum costs order is appropriate given the modest costs claimed, the supporting invoices provided, and the lack of opposition by the respondent; a 20% discount was properly applied to the legal advice invoice, resulting in a total lump sum of $9,042.70 to compensate the applicants for recoverable disbursements and costs.

Parties
First Applicant: William Palazzi; Second Applicant: Debra Palazzi; First Respondent: Jamie Beyer t/as Leisure Pools and Spas Newcastle; Second Respondent: Leisure Pools Newcastle Pty Ltd
Jurisdiction
Australia
Judgment Date
28 January 2020
Procedural Posture
Costs Application / Application for Variation of Costs Order Following Substantive Decision
Outcome
Lump sum costs order made for applicants
Legal Topics
Costs, Lump Sum Costs Order, Self Represented Litigants, Expert Evidence Expenses
Civil Procedure Consumer Law Costs Lump Sum Costs Order Self Represented Litigants Expert Evidence Expenses

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Parties

William Palazzi

First Applicant

Debra Palazzi

Second Applicant

Jamie Beyer t/as Leisure Pools and Spas Newcastle

First Respondent

Leisure Pools Newcastle Pty Ltd

Second Respondent

Procedural Posture

Costs Application / Application for Variation of Costs Order Following Substantive Decision

Legal Issues

  1. 1 Whether it is appropriate to make a lump sum costs order
  2. 2 Quantum of the lump sum costs order

Ratio Decidendi

A lump sum costs order is appropriate given the modest costs claimed, the supporting invoices provided, and the lack of opposition by the respondent; a 20% discount was properly applied to the legal advice invoice, resulting in a total lump sum of $9,042.70 to compensate the applicants for recoverable disbursements and costs.

Court Disposition

Lump sum costs order made for applicants

Orders

  • The application for a lump sum costs order is determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).
  • Order 4 of the Tribunal dated 23 October 2019 is varied.