Edward Moses Obeid Snr v David Andrew Ipp (Costs) [2020] NSWSC 1329

Edward Moses Obeid Snr v David Andrew Ipp (Costs) [2020] NSWSC 1329

It was appropriate to make a gross sum costs order on the papers because the parties agreed and the proceeding was complex and multi-party. Ms Drew's low range assessment was preferred as closer to what would be recoverable on assessment in New South Wales, but a further 5% reduction was applied for possible duplication in the complex multi-party trial, resulting in specified gross sums totalling $5,071,475 exclusive of interest.

Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Costs; Gross Sum Costs Order / On the Papers After the Principal Judgment and Costs Judgment
Outcome
Gross sum costs order totalling $5,071,475 exclusive of interest.
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'indemnity Costs' 'ordinary Basis Costs' 'complex Multi Party Proceedings']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'costs Assessment' 'indemnity Costs' 'ordinary Basis Costs' 'complex Multi Party Proceedings']

Case Brief

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Procedural Posture

Costs; Gross Sum Costs Order / On the Papers After the Principal Judgment and Costs Judgment

Legal Issues

  1. 1 ['Whether the Court should make an order for a specified gross sum instead of assessed costs under s 98(4)(c) of the Civil Procedure Act 2005 (NSW).' "What gross sum should be fixed for the defendants' recoverable costs."]

Ratio Decidendi

It was appropriate to make a gross sum costs order on the papers because the parties agreed and the proceeding was complex and multi-party. Ms Drew's low range assessment was preferred as closer to what would be recoverable on assessment in New South Wales, but a further 5% reduction was applied for possible duplication in the complex multi-party trial, resulting in specified gross sums totalling $5,071,475 exclusive of interest.

Court Disposition

Gross sum costs order totalling $5,071,475 exclusive of interest.

Orders

  • ['The defendants are entitled to specified gross sums instead of assessed costs exclusive of interest: First Defendant $1,628,775; Second Defendant $687,000; Third Defendant $786,500; Fourth, Fifth, Sixth Defendants $662,000; Seventh Defendant $1,307,200; Total $5,071,475.' 'The defendants are entitled to interest...