Pirovic v Barbieri [2022] NSWSC 123

Pirovic v Barbieri [2022] NSWSC 123

Given repeated indulgences and failure by Ms Barbieri to comply with directions for filing submissions, the proceedings should be brought to a close, and costs orders finalised as discussed.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Civil / Costs Determination; Post Dismissal for Non Compliance
Outcome
Orders to be made in chambers in accordance with proposed minutes for lump sum costs, including updated calculations with interest.
Legal Topics
['costs Assessment' 'procedure' 'summary Disposal' 'dismissal of Proceedings' 'non Appearance of Plaintiff']
['civil Procedure'] ['costs Assessment' 'procedure' 'summary Disposal' 'dismissal of Proceedings' 'non Appearance of Plaintiff']

Case Brief

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Procedural Posture

Civil / Costs Determination; Post Dismissal for Non Compliance

Legal Issues

  1. 1 ['Whether further indulgence should be granted to the defendant in light of numerous previous extensions' 'Procedure for finalising lump sum costs and interest']

Ratio Decidendi

Given repeated indulgences and failure by Ms Barbieri to comply with directions for filing submissions, the proceedings should be brought to a close, and costs orders finalised as discussed.

Court Disposition

Orders to be made in chambers in accordance with proposed minutes for lump sum costs, including updated calculations with interest.

Orders

  • ["Appeal dismissed with costs as per Brereton JA's prior order." 'Appellant to pay fixed costs of $500 in relation to earlier procedure.' 'Court to make final costs orders upon receipt of proposed minutes and updated calculations.']