Almona Pty Ltd v Parklea Corporation Pty Ltd (No 5) [2020] NSWSC 1514

Almona Pty Ltd v Parklea Corporation Pty Ltd (No 5) [2020] NSWSC 1514

The Court declined to make a gross sum costs order because it was not satisfied that it could fairly and reasonably estimate the proper costs to be paid, given limited visibility into solicitor tasks and expert evidence on likely reductions in fees during assessment. The case was deemed not appropriate for a gross sum costs order, and the usual procedure for costs assessment was required.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Equity / Notice of Motion for Gross Sum Costs Order, Determination on the Papers
Outcome
Third defendant's amended notice of motion for a gross sum costs order dismissed; costs ordered against third defendant.
Legal Topics
['party/party Costs' "court's Discretion" 'gross Sum Costs Orders' 'costs Assessment Process']
['costs'] ['party/party Costs' "court's Discretion" 'gross Sum Costs Orders' 'costs Assessment Process']

Case Brief

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Procedural Posture

Equity / Notice of Motion for Gross Sum Costs Order, Determination on the Papers

Legal Issues

  1. 1 ['Should the Court grant a gross sum costs order in favour of PT Limited?' 'Is this an appropriate case for a gross sum costs order under s 98(4)(c) Civil Procedure Act 2005 (NSW)?' 'Should the plaintiff be deprived of a conventional costs assessment?']

Ratio Decidendi

The Court declined to make a gross sum costs order because it was not satisfied that it could fairly and reasonably estimate the proper costs to be paid, given limited visibility into solicitor tasks and expert evidence on likely reductions in fees during assessment. The case was deemed not appropriate for a gross sum costs order, and the usual procedure for costs assessment was required.

Court Disposition

Third defendant's amended notice of motion for a gross sum costs order dismissed; costs ordered against third defendant.

Orders

  • ['Grant leave to the third defendant to file in court the draft amended notice of motion provided to the Associate to Robb J on 5 June 2020.' 'Grant leave to the third defendant to file in court the affidavits of Felicity Louise Healy sworn on 2 June 2020 and 12 December 2018.' "Order that the third defendant's...