Power v Bassett (No 2) [2018] NSWSC 1398

Power v Bassett (No 2) [2018] NSWSC 1398

It is appropriate to exercise discretion to make a lump sum costs order for $5,000 because the sum is reasonable, represents about 80% of total lawfully incurred costs, and it would be unreasonable to require a further assessment given the modesty of the claim and pace of proceedings.

Parties
Plaintiff/judgment Creditor: Bianca Power; Defendant/judgment Debtor: Matthew Bassett
Jurisdiction
Australia
Judgment Date
11 September 2018
Procedural Posture
Civil Application / Costs Determination Following Refusal of Payment by Instalments
Outcome
Application for gross sum costs order allowed.
Legal Topics
Application for Order of Payment by Instalments, Award of Costs, Gross Sum Costs, Reasonableness of Fees and Disbursements
Civil Procedure Application for Order of Payment by Instalments Award of Costs Gross Sum Costs Reasonableness of Fees and Disbursements

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Parties

Bianca Power

Plaintiff/judgment Creditor

Matthew Bassett

Defendant/judgment Debtor

Procedural Posture

Civil Application / Costs Determination Following Refusal of Payment by Instalments

Legal Issues

  1. 1 Whether a lump sum costs order should be made for the application for payment by instalments
  2. 2 Whether the sum claimed for costs is reasonable

Ratio Decidendi

It is appropriate to exercise discretion to make a lump sum costs order for $5,000 because the sum is reasonable, represents about 80% of total lawfully incurred costs, and it would be unreasonable to require a further assessment given the modesty of the claim and pace of proceedings.

Court Disposition

Application for gross sum costs order allowed.

Orders

  • The judgment debtor to pay the judgment creditor's costs of and incidental to the application for payment by instalments in a lump sum of $5,000.