Pritchard v Fryer (No 2) [2018] NSWSC 261

Pritchard v Fryer (No 2) [2018] NSWSC 261

A gross sum costs order was appropriate because the plaintiff's conduct in bringing the proceedings gave rise to a real risk of satellite litigation over costs, the costs assessment process could prove protracted and expensive, and the Court had sufficient material to determine a fair amount representing the defendant's costs, subject to deductions and a 15 per cent discount on professional costs.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Costs Application for Gross Sum Costs Order Pursuant to S 98(4)(c) of the Civil Procedure Act 2005 (nsw) / After Dismissal of the Plaintiff's Summons Following an Unsuccessful Appeal From the Local Court
Outcome
The defendant's application for a gross sum costs order was granted.
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'ordinary Basis Costs' 'satellite Litigation' 'quantification of Costs']
['costs' 'civil Procedure'] ['gross Sum Costs Order' 'costs Assessment' 'ordinary Basis Costs' 'satellite Litigation' 'quantification of Costs']

Case Brief

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Procedural Posture

Costs Application for Gross Sum Costs Order Pursuant to S 98(4)(c) of the Civil Procedure Act 2005 (nsw) / After Dismissal of the Plaintiff's Summons Following an Unsuccessful Appeal From the Local Court

Legal Issues

  1. 1 ["Whether it was appropriate to order the plaintiff to pay the defendant's costs on a gross sum basis pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)." "What gross sum should fairly represent the defendant's costs incurred in defending the proceedings in the Court."]

Ratio Decidendi

A gross sum costs order was appropriate because the plaintiff's conduct in bringing the proceedings gave rise to a real risk of satellite litigation over costs, the costs assessment process could prove protracted and expensive, and the Court had sufficient material to determine a fair amount representing the defendant's costs, subject to deductions and a 15 per cent discount on professional costs.

Court Disposition

The defendant's application for a gross sum costs order was granted.

Orders

  • ["The plaintiff pay the defendant's costs on a gross sum basis in the amount of $17,531.46 inclusive of GST."]