Winau Australia Pty Ltd v LCC Property Developments Pty Ltd [2024] NSWSC 209

Winau Australia Pty Ltd v LCC Property Developments Pty Ltd [2024] NSWSC 209

A gross sum costs order was warranted because the respondents were offshore parties, had conducted the proceedings in a delayed and unsatisfactory manner culminating in dismissal for want of prosecution, were likely to delay or not cooperate in any costs assessment, there was real doubt as to their capacity to satisfy costs, LCC's costs were caused by the respondents' conduct, and the detailed unchallenged expert costs evidence established that the amounts claimed were fair and reasonable without any further discount.

Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Costs Application / Notice of Motion for Gross Sum Costs Order After Proceedings Dismissed for Want of Prosecution
Outcome
Gross sum costs order made
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'dismissal for Want of Prosecution' 'security for Costs']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'costs Assessment' 'dismissal for Want of Prosecution' 'security for Costs']

Case Brief

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Procedural Posture

Costs Application / Notice of Motion for Gross Sum Costs Order After Proceedings Dismissed for Want of Prosecution

Legal Issues

  1. 1 ["Whether the first defendant's costs should be assessed by the Court as a gross sum pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW)." 'Whether the amount claimed by the first defendant was fair and reasonable on the evidence.' 'Whether any further discount should be applied in making a gross sum costs order.']

Ratio Decidendi

A gross sum costs order was warranted because the respondents were offshore parties, had conducted the proceedings in a delayed and unsatisfactory manner culminating in dismissal for want of prosecution, were likely to delay or not cooperate in any costs assessment, there was real doubt as to their capacity to satisfy costs, LCC's costs were caused by the respondents' conduct, and the detailed unchallenged expert costs evidence established that the amounts claimed were fair and reasonable without any further discount.

Court Disposition

Gross sum costs order made

Orders

  • ['Pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW), the liability of the first, second and fourth plaintiffs to the first defendant in respect of the costs orders made on 15 October 2021, 16 September 2022, 11 July 2022, 12 September 2023, 17 October 2023 and 9 November 2023 be fixed in the sum of...