Kostov v Zhang (No 2) [2016] NSWCA 279

Kostov v Zhang (No 2) [2016] NSWCA 279

A lump sum costs order of $15,000 was appropriate given the significant delay and expense that would result from costs assessment, the applicant's conduct increasing the complexity and cost of the proceedings, and the uncontested evidence of costs incurred. The discount applied was justified by the need for fairness and proportionality, and none of the applicant's arguments for a stay or oral hearing were sustained.

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Costs Application / Post Dismissal of Application for Leave to Appeal
Outcome
Lump sum costs order made against the applicant
Legal Topics
['costs' 'lump Sum Costs' 'application for Leave to Appeal' 'procedure for Determination of Costs']
['civil Procedure'] ['costs' 'lump Sum Costs' 'application for Leave to Appeal' 'procedure for Determination of Costs']

Case Brief

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Procedural Posture

Costs Application / Post Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether a lump sum costs order should be made under s 98(4) of the Civil Procedure Act 2005 (NSW) in favour of the first and third respondents for the costs of the summons for leave to appeal' "Whether the applicant's proposed appeal or procedural matters amount to exceptional circumstances justifying a stay or oral hearing"]

Ratio Decidendi

A lump sum costs order of $15,000 was appropriate given the significant delay and expense that would result from costs assessment, the applicant's conduct increasing the complexity and cost of the proceedings, and the uncontested evidence of costs incurred. The discount applied was justified by the need for fairness and proportionality, and none of the applicant's arguments for a stay or oral hearing were sustained.

Court Disposition

Lump sum costs order made against the applicant

Orders

  • ["Pursuant to s 98(4) of the Civil Procedure Act, Ms Kostov pay the first and third respondents' costs of her summons for leave to appeal in the lump sum of $15,000"]