Chateau Constructions (Aust) Ltd v Zepinic; Zepinic v Chateau Constructions (Aust) Ltd [2018] NSWSC 963

Chateau Constructions (Aust) Ltd v Zepinic; Zepinic v Chateau Constructions (Aust) Ltd [2018] NSWSC 963

Gross sums of $56,000 and $58,000 were appropriate for the two notices of motion, given the history, substantiation of costs, absence of duplication, non-appearance of the Zepinics, and the approach of taking 85% of the claimed amount consistent with supporting material and forgoing subsequent costs.

Parties
Plaintiff / Defendant: Chateau Constructions (Australia) Ltd; First Defendant / Plaintiff: Milla Zepinic; Second Defendant / Plaintiff: Vito Zepinic; First Plaintiff: Nina Zepinic
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Costs Application / Determination of Gross Sum Costs Orders
Outcome
Gross sum costs orders made in favour of Chateau on two notices of motion
Legal Topics
Gross Sum Costs, Indemnity Costs, Notices of Motion, Vexatious Litigant Orders
Costs Gross Sum Costs Indemnity Costs Notices of Motion Vexatious Litigant Orders

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Parties

Chateau Constructions (Australia) Ltd

Plaintiff / Defendant

Milla Zepinic

First Defendant / Plaintiff

Vito Zepinic

Second Defendant / Plaintiff

Nina Zepinic

First Plaintiff

Procedural Posture

Costs Application / Determination of Gross Sum Costs Orders

Legal Issues

  1. 1 Whether gross sum costs orders should be made in respect of two notices of motion
  2. 2 Whether there was duplication of costs in relation to two notices of motion
  3. 3 Whether costs should be ordered on the indemnity or ordinary basis

Ratio Decidendi

Gross sums of $56,000 and $58,000 were appropriate for the two notices of motion, given the history, substantiation of costs, absence of duplication, non-appearance of the Zepinics, and the approach of taking 85% of the claimed amount consistent with supporting material and forgoing subsequent costs.

Court Disposition

Gross sum costs orders made in favour of Chateau on two notices of motion

Orders

  • Chateau awarded gross sum costs of $56,000 and $58,000 in respect of two notices of motion
  • Chateau to provide separate orders for the two gross sum costs amounts