Haigh & Anor v Haddad & Anor (No 2) [2024] NSWSC 1572

Haigh & Anor v Haddad & Anor (No 2) [2024] NSWSC 1572

The court fixed the defendants’ costs in the sum of $160,000, to be paid by the plaintiffs, including costs reserved by Harrison AsJ, applying s 98(4)(c) CPA and UCPR r 42.7, on the basis that a gross sum order was fair, reasonable, proportionate, supported by uncontested evidence, and assessment would be protracted and expensive. The judge also found he was in as good a position as the Associate Judge to determine reserved costs.

Parties
First Plaintiff: Stephen William Haigh; Second Plaintiff: Dimitrios Kikiras; First Defendant: Department of Planning NSW; Second Defendant: Sam Haddad; Third Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
09 December 2024
Procedural Posture
Costs Application / Post Dismissal of Proceedings
Outcome
Plaintiffs to pay costs, fixed sum ordered
Legal Topics
Costs Orders, Gross Sum Costs
Civil Procedure Costs Orders Gross Sum Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen William Haigh

First Plaintiff

Dimitrios Kikiras

Second Plaintiff

Department of Planning NSW

First Defendant

Sam Haddad

Second Defendant

State of New South Wales

Third Defendant

Procedural Posture

Costs Application / Post Dismissal of Proceedings

Legal Issues

  1. 1 Whether reserved costs before Harrison AsJ should be determined by the current judge
  2. 2 Whether a gross sum costs order should be made instead of assessed costs

Ratio Decidendi

The court fixed the defendants’ costs in the sum of $160,000, to be paid by the plaintiffs, including costs reserved by Harrison AsJ, applying s 98(4)(c) CPA and UCPR r 42.7, on the basis that a gross sum order was fair, reasonable, proportionate, supported by uncontested evidence, and assessment would be protracted and expensive. The judge also found he was in as good a position as the Associate Judge to determine reserved costs.

Court Disposition

Plaintiffs to pay costs, fixed sum ordered

Orders

  • The plaintiffs are to pay the costs reserved by Harrison AsJ on 21 October 2022.
  • The plaintiffs are to pay the costs of the proceedings, including the costs reserved by Harrison AsJ on 21 October 2022 and this notice of motion, fixed in the gross sum of $160,000.