Samadi v WKA Legal Pty Ltd (No 2) [2018] NSWSC 1243

Samadi v WKA Legal Pty Ltd (No 2) [2018] NSWSC 1243

The Local Court maximum costs provisions did not apply because the claim as made exceeded $20,000, and it would be unfair to construe 'claim' as the maintainable or successful claim. Applying general costs principles, the Solicitor was only partly successful, was unsuccessful on a major issue after the appeal, and conducted the Local Court hearing inefficiently, so the Clients should pay only 50% of the Solicitor's Local Court costs. Studio 54 succeeded against the Solicitor, so the Solicitor should pay Studio 54's Local Court costs. In the Supreme Court proceedings, the Clients and Studio 54 succeeded; the abandoned grounds took little time, the Solicitor's opposition to the extension of...

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Costs Decision Following Appeal From Local Court Civil Proceedings / Post Appeal Determination of Costs in the Local Court Proceedings and the Supreme Court Proceedings
Outcome
Costs orders made for the Local Court proceedings and the Supreme Court proceedings.
Legal Topics
['costs Discretion' 'costs Follow the Event' 'local Court Maximum Costs Orders' 'offers of Compromise' 'calderbank Offers' 'costs Assessment']
['costs' 'civil Procedure' 'legal Profession'] ['costs Discretion' 'costs Follow the Event' 'local Court Maximum Costs Orders' 'offers of Compromise' 'calderbank Offers' 'costs Assessment']

Case Brief

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Procedural Posture

Costs Decision Following Appeal From Local Court Civil Proceedings / Post Appeal Determination of Costs in the Local Court Proceedings and the Supreme Court Proceedings

Legal Issues

  1. 1 ['What costs order should be made for the Local Court proceedings after the appeal reduced the judgment sum and Studio 54 succeeded on the claim against it.' 'Whether the Local Court Practice Note maximum costs provisions should be applied where the pleaded claim exceeded $20,000 but the plaintiffs contended the true maintainable claim was less than $20,000.' 'Whether unaccepted settlement offers affected the appropriate costs orders.' 'Whether there was reason to depart from the usual rule that costs follow the event in the Supreme Court proceedings because some appeal grounds were abandoned and because of the preparation of the appeal materials.' 'Whether costs should be specified in a gross sum under s 98(4) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The Local Court maximum costs provisions did not apply because the claim as made exceeded $20,000, and it would be unfair to construe 'claim' as the maintainable or successful claim. Applying general costs principles, the Solicitor was only partly successful, was unsuccessful on a major issue after the appeal, and conducted the Local Court hearing inefficiently, so the Clients should pay only 50% of the Solicitor's Local Court costs. Studio 54 succeeded against the Solicitor, so the Solicitor should pay Studio 54's Local Court costs. In the Supreme Court proceedings, the Clients and Studio 54 succeeded; the abandoned grounds took little time, the Solicitor's opposition to the extension of...

Court Disposition

Costs orders made for the Local Court proceedings and the Supreme Court proceedings.

Orders

  • ["In proceedings 2015/25029 in the Local Court of New South Wales, order the first and second defendants to pay 50% of the plaintiff's costs of the proceedings." "In proceedings 2015/25029 in the Local Court of New South Wales, order the plaintiff to pay the third defendant's costs of the proceedings." "In...