Wormald v Maradaca Pty Ltd [2021] NSWCA 307

Wormald v Maradaca Pty Ltd [2021] NSWCA 307

The Court did not need to resolve the competing authorities on power because it would refuse the gross sum costs order as a matter of discretion: the order was not sought when the costs orders were varied in December 2020, more than 8 months had passed, the matters relied on largely predated the varied costs orders, the concern about protracted and expensive assessment was put at a high level of generality, and an experienced costs assessor was better placed than the Court of Appeal to assess the costs.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Costs Application for Gross Sum Costs Order / Notice of Motion Determined on the Papers in the Court of Appeal After Earlier Appeal Judgment and Varied Costs Orders
Outcome
Notice of motion dismissed with costs
Legal Topics
['gross Sum Costs Order' 'variation of Costs Orders' 'indemnity Costs' 'costs Assessment']
['costs' 'civil Procedure'] ['gross Sum Costs Order' 'variation of Costs Orders' 'indemnity Costs' 'costs Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application for Gross Sum Costs Order / Notice of Motion Determined on the Papers in the Court of Appeal After Earlier Appeal Judgment and Varied Costs Orders

Legal Issues

  1. 1 ['Whether the Court had power to make a gross sum costs order when the application was filed more than 14 days after the varied costs orders were entered.' "Whether, as a matter of discretion, the Court should order the Applicants' costs to be determined as a gross sum."]

Ratio Decidendi

The Court did not need to resolve the competing authorities on power because it would refuse the gross sum costs order as a matter of discretion: the order was not sought when the costs orders were varied in December 2020, more than 8 months had passed, the matters relied on largely predated the varied costs orders, the concern about protracted and expensive assessment was put at a high level of generality, and an experienced costs assessor was better placed than the Court of Appeal to assess the costs.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ['The Notice of Motion should be dismissed with costs.']