AA v PD (No 2) [2023] NSWSC 945

AA v PD (No 2) [2023] NSWSC 945

In view of the procedural history, the sufficiency of the plaintiff's evidence, the conduct of the defendant, and the proper application of both discretionary rules and guiding precedent, it is appropriate and fair to make gross sum costs orders in the amounts specified, applying reasonable discounts to professional fees and counsel's fees as supported by precedents and the material before the Court.

Parties
Plaintiff: AA; Defendant: PD
Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Application for Gross Sum Costs Order / Post Judgment Costs Determination
Outcome
Gross sum costs orders granted in favour of the plaintiff.
Legal Topics
Costs, Gross Sum Costs Order, Discretion Under S 98 Civil Procedure Act 2005 (nsw)
Civil Procedure Costs Gross Sum Costs Order Discretion Under S 98 Civil Procedure Act 2005 (nsw)

Case Brief

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Parties

AA

Plaintiff

PD

Defendant

Procedural Posture

Application for Gross Sum Costs Order / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether gross sum costs order should be made pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether it is fair to determine the costs in a gross sum given the procedural history and evidence

Ratio Decidendi

In view of the procedural history, the sufficiency of the plaintiff's evidence, the conduct of the defendant, and the proper application of both discretionary rules and guiding precedent, it is appropriate and fair to make gross sum costs orders in the amounts specified, applying reasonable discounts to professional fees and counsel's fees as supported by precedents and the material before the Court.

Court Disposition

Gross sum costs orders granted in favour of the plaintiff.

Orders

  • The defendant to pay the plaintiff's costs of the proceedings in the gross sum of $92,410.14 pursuant to s 98(4)(c) Civil Procedure Act 2005 (NSW).
  • The defendant to pay the plaintiff's costs of the notice of motion filed 18 August 2022 in the gross sum of $18,632.75 pursuant to s 98(4)(c) Civil Procedure Act 2005 (NSW).