The Owners-Strata Plan 47027 v McGinn (No 2) [2019] NSWSC 219

The Owners-Strata Plan 47027 v McGinn (No 2) [2019] NSWSC 219

Given Ms McGinn’s conduct, which caused unnecessary costs and would likely disrupt any assessment process, and having uncontested, expert evidence on quantum, it is appropriate and fair to order a gross sum for costs rather than engage in a delayed and expensive assessment process.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Equity / Costs Application After Final Judgment
Outcome
Specified gross sum costs order granted to plaintiffs.
Legal Topics
['gross Sum Costs Order' 'party Conduct in Costs Assessment' 'application to Set Aside Subpoena']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'party Conduct in Costs Assessment' 'application to Set Aside Subpoena']

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

Equity / Costs Application After Final Judgment

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made instead of a regular costs assessment' "Whether the defendant's conduct increased the costs of the proceedings and would delay costs assessment" 'Appropriateness of quantum for gross sum costs order']

Ratio Decidendi

Given Ms McGinn’s conduct, which caused unnecessary costs and would likely disrupt any assessment process, and having uncontested, expert evidence on quantum, it is appropriate and fair to order a gross sum for costs rather than engage in a delayed and expensive assessment process.

Court Disposition

Specified gross sum costs order granted to plaintiffs.

Orders

  • ["The first defendant pay the plaintiffs' costs of the motion to set aside the Westpac subpoena and of the proceedings generally (including the Notice of Motion filed on 24 August 2018), in the specified gross sum of $170,000 (excluding GST), instead of assessed costs."]