Jacups v The Law Society of New South Wales [2023] NSWSC 598

Jacups v The Law Society of New South Wales [2023] NSWSC 598

The absence of a formal Notice of Motion did not prevent determination because the Registrar's orders implicitly dispensed with that requirement and there was no demonstrated prejudice; the Law Society was a party to the joinder motions and to the costs orders and was entitled to seek relief under s 98(4); Mr Morse's affidavit provided sufficient evidence of rates, amounts incurred and recoverability to distinguish Colquhoun; and although the costs claimed were discounted, a fair, logical and reasonable gross sum for the two short interlocutory hearings was $30,000, inclusive of the costs of the motion.

Jurisdiction
Australia
Judgment Date
06 June 2023
Procedural Posture
Application for Lump Sum Costs Order Pursuant to S 98(4) of the Civil Procedure Act 2005 (nsw) / Motion for Gross Sum Costs Arising From Prior Costs Orders Made by Registrar Jones on 30 August 2022 and Chen J on 3 February 2023
Outcome
Application granted in part; lump sum costs ordered in the amount of $30,000 rather than the $37,500 sought.
Legal Topics
['lump Sum Costs Order' 'gross Sum Costs' 'joinder Motions' 'notice of Motion' 'jurisdiction to Make Costs Orders' 'sufficient Evidence of Costs']
['civil Procedure' 'costs'] ['lump Sum Costs Order' 'gross Sum Costs' 'joinder Motions' 'notice of Motion' 'jurisdiction to Make Costs Orders' 'sufficient Evidence of Costs']

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Procedural Posture

Application for Lump Sum Costs Order Pursuant to S 98(4) of the Civil Procedure Act 2005 (nsw) / Motion for Gross Sum Costs Arising From Prior Costs Orders Made by Registrar Jones on 30 August 2022 and Chen J on 3 February 2023

Legal Issues

  1. 1 ['Whether the absence of a formal Notice of Motion under UCPR r 18.2 prevented the Court from hearing the application for a lump sum costs order.' 'Whether The Law Society of New South Wales was a party entitled to seek an order under s 98(4) of the Civil Procedure Act 2005 (NSW).' 'Whether there was sufficient evidence to make a lump sum costs order.' 'Whether it was fair and appropriate to order a specified gross sum in lieu of assessed costs and in what amount.']

Ratio Decidendi

The absence of a formal Notice of Motion did not prevent determination because the Registrar's orders implicitly dispensed with that requirement and there was no demonstrated prejudice; the Law Society was a party to the joinder motions and to the costs orders and was entitled to seek relief under s 98(4); Mr Morse's affidavit provided sufficient evidence of rates, amounts incurred and recoverability to distinguish Colquhoun; and although the costs claimed were discounted, a fair, logical and reasonable gross sum for the two short interlocutory hearings was $30,000, inclusive of the costs of the motion.

Court Disposition

Application granted in part; lump sum costs ordered in the amount of $30,000 rather than the $37,500 sought.

Orders

  • ['Pursuant to the terms of s 98(4) of the Civil Procedure Act 2005 (NSW), the plaintiff shall pay to The Law Society of New South Wales an amount of $30,000 as the specified gross sum, in lieu of assessed costs, in relation to the costs orders previously issued by the Court, being the orders of Registrar Jones on 30...