A-Civil Aust Pty Ltd v Meso Solutions Pty Ltd (No 2) [2024] NSWSC 323

A-Civil Aust Pty Ltd v Meso Solutions Pty Ltd (No 2) [2024] NSWSC 323

In the absence of a written costs agreement and sufficient evidence to establish what costs are fair and reasonable, the Court is not satisfied that a gross sum costs order would be appropriate; therefore the application for a gross sum costs order is dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Costs Application / Post Judgment Motion for Gross Sum Costs
Outcome
Application dismissed with costs
Legal Topics
['gross Sum Costs Application' 'assessment of Costs' 'disclosure Obligations of Law Practices']
['civil Procedure' 'costs'] ['gross Sum Costs Application' 'assessment of Costs' 'disclosure Obligations of Law Practices']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Motion for Gross Sum Costs

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made in absence of a written costs agreement between client and solicitor' 'What is the appropriate methodology for determining costs to be awarded']

Ratio Decidendi

In the absence of a written costs agreement and sufficient evidence to establish what costs are fair and reasonable, the Court is not satisfied that a gross sum costs order would be appropriate; therefore the application for a gross sum costs order is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The first defendant’s notice of motion is dismissed with costs.']