Soulis v R & A Henry Auto Repairs & Ors (No 4) [2022] NSWSC 1383

Soulis v R & A Henry Auto Repairs & Ors (No 4) [2022] NSWSC 1383

Because the defendants were successful in having the proceedings dismissed, there was no reason why costs should not follow the event. The gross sum of $13,200.00 was appropriate because it was supported by affidavit evidence of costs incurred, represented a significant discount to the actual costs, and a costs assessment was likely to be protracted and expensive.

Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Costs / Written Submissions on Reserved Costs After Proceedings Dismissed
Outcome
Plaintiff ordered to pay the defendants' costs in a gross sum.
Legal Topics
['gross Sum Costs Order' 'costs Following the Event' 'costs Assessment']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'costs Following the Event' 'costs Assessment']

Case Brief

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Procedural Posture

Costs / Written Submissions on Reserved Costs After Proceedings Dismissed

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs after the proceedings were dismissed." 'Whether costs should be ordered as a specified gross sum under s 98(4)(c) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

Because the defendants were successful in having the proceedings dismissed, there was no reason why costs should not follow the event. The gross sum of $13,200.00 was appropriate because it was supported by affidavit evidence of costs incurred, represented a significant discount to the actual costs, and a costs assessment was likely to be protracted and expensive.

Court Disposition

Plaintiff ordered to pay the defendants' costs in a gross sum.

Orders

  • ['Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff pay the costs of the defendants in the gross sum of $13,200.00.' 'The Registrar is directed to forward a copy of this judgment to the plaintiff.']