Arys Health Pty Ltd v David Le [2021] NSWSC 976

Arys Health Pty Ltd v David Le [2021] NSWSC 976

The plaintiff's conduct justified a gross sum costs order, but did not rise to the level of unreasonable conduct warranting indemnity costs; a 25% reduction was appropriate given the use of two counsel and the cost-savings in avoiding a costs assessment.

Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Costs Determination in Equity Proceedings / Post Interlocutory Hearing, Costs Assessment
Outcome
Plaintiff ordered to pay first defendant's costs of notice of motion in gross sum of $16,500, on the ordinary basis.
Legal Topics
['costs' 'gross Sum Order' 'indemnity Basis' 'case Management']
['equity' 'civil Procedure'] ['costs' 'gross Sum Order' 'indemnity Basis' 'case Management']

Case Brief

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Procedural Posture

Costs Determination in Equity Proceedings / Post Interlocutory Hearing, Costs Assessment

Legal Issues

  1. 1 ['Whether costs should be assessed on an indemnity or ordinary basis' 'Whether a gross sum order for costs is appropriate and, if so, in what amount']

Ratio Decidendi

The plaintiff's conduct justified a gross sum costs order, but did not rise to the level of unreasonable conduct warranting indemnity costs; a 25% reduction was appropriate given the use of two counsel and the cost-savings in avoiding a costs assessment.

Court Disposition

Plaintiff ordered to pay first defendant's costs of notice of motion in gross sum of $16,500, on the ordinary basis.

Orders

  • ["Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) the costs payable by the plaintiff to the first defendant pursuant to order 4 made by the Court on 16 April 2021, upon the hearing of the first defendant's notice of motion filed on 2 March 2021, is specified in the gross sum of $16,500."]