Ann Ross v John William Padget [2016] NSWSC 1851

Ann Ross v John William Padget [2016] NSWSC 1851

It is appropriate for the Court to make a gross sum cost order given the history of the matter and material provided, with a 25% discount applied to the claimed sum as a conservative safeguard.

Parties
Plaintiff: Ann Ross; Defendant: John William Padget
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Costs Application / Post Settlement, Application for Gross Sum Costs Order
Outcome
Gross sum costs order granted with 25% discount applied
Legal Topics
Gross Sum Costs Order, Costs Assessment, Judicial Discretion in Costs
Civil Procedure Gross Sum Costs Order Costs Assessment Judicial Discretion in Costs

Case Brief

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Parties

Ann Ross

Plaintiff

John William Padget

Defendant

Procedural Posture

Costs Application / Post Settlement, Application for Gross Sum Costs Order

Legal Issues

  1. 1 Whether it is appropriate to order a gross sum costs order
  2. 2 Determination of appropriate amount for costs order

Ratio Decidendi

It is appropriate for the Court to make a gross sum cost order given the history of the matter and material provided, with a 25% discount applied to the claimed sum as a conservative safeguard.

Court Disposition

Gross sum costs order granted with 25% discount applied

Orders

  • Gross sum costs order pursuant to section 98(4) of the Civil Procedure Act 2005 (NSW) in the amount of $131,994.73 less a 25% discount; parties to prepare short minutes for final orders.