Edward Ted Lakis and Anor v Michael Victor Lardis and Anor (No 3) [2018] NSWSC 1296

Edward Ted Lakis and Anor v Michael Victor Lardis and Anor (No 3) [2018] NSWSC 1296

The Court ordered a lump sum costs order in favour of the Plaintiffs, finding the costs claimed to be reasonable subject to a discount to account for contingencies, overlap, and delay. The lower of the Plaintiffs' expert's range ($540,583.65) was discounted by 20%, reflecting the complex but not exceptional nature of the case and difficulties in apportionment due to discontinued parties. Interest is to be paid on the resultant amount by the Second Defendant.

Parties
First Plaintiff: Edward Ted Lakis; Second Plaintiff: Amazon Pest Control Pty Ltd (in liq) ACN 092 833 531; First Defendant: Michael Victor Lardis; Second Defendant: Athena Lardis
Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Equity / Application for Lump Sum (gross Sum) Costs Order After Final Judgment and Appeal
Outcome
Lump sum costs order granted; Second Defendant to pay discounted costs and interest.
Legal Topics
Lump Sum Costs Orders, Assessment of Costs, Discount Rates on Costs, Civil Procedure
Costs Lump Sum Costs Orders Assessment of Costs Discount Rates on Costs Civil Procedure

Case Brief

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Parties

Edward Ted Lakis

First Plaintiff

Amazon Pest Control Pty Ltd (in liq) ACN 092 833 531

Second Plaintiff

Michael Victor Lardis

First Defendant

Athena Lardis

Second Defendant

Procedural Posture

Equity / Application for Lump Sum (gross Sum) Costs Order After Final Judgment and Appeal

Legal Issues

  1. 1 Whether a lump sum or gross sum costs order should be made and if so in what amount
  2. 2 Whether the costs incurred by the Plaintiffs are reasonable and if so at what discount
  3. 3 Whether the delay in making the application affects the exercise of the discretion

Ratio Decidendi

The Court ordered a lump sum costs order in favour of the Plaintiffs, finding the costs claimed to be reasonable subject to a discount to account for contingencies, overlap, and delay. The lower of the Plaintiffs' expert's range ($540,583.65) was discounted by 20%, reflecting the complex but not exceptional nature of the case and difficulties in apportionment due to discontinued parties. Interest is to be paid on the resultant amount by the Second Defendant.

Court Disposition

Lump sum costs order granted; Second Defendant to pay discounted costs and interest.

Orders

  • The Second Defendant is to pay the Plaintiffs the sum of $432,466.92 as a gross sum for costs, being $540,583.65 less a 20% discount.
  • Interest on this amount is payable pursuant to s 101 of the Civil Procedure Act 2005 (NSW) at the prescribed rate from 26 July 2017.