In the matter of Tresdar Pty Ltd (No 4) [2019] NSWSC 1456

In the matter of Tresdar Pty Ltd (No 4) [2019] NSWSC 1456

Given the complexity added by unavailable witnesses and the evidence of professional fees incurred, and noting that the defendant made no submissions, it is appropriate to fix costs in a lump sum of $952,000, calculated on an indemnity basis, pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Corporations Matter / Costs Determination
Outcome
Plaintiff entitled to costs as a specified gross sum.
Legal Topics
['application for Costs to Be Fixed in a Gross Sum' 'quantification of Legal Costs']
['costs'] ['application for Costs to Be Fixed in a Gross Sum' 'quantification of Legal Costs']

Case Brief

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Procedural Posture

Corporations Matter / Costs Determination

Legal Issues

  1. 1 ['Whether costs should be awarded by way of a specified gross sum pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW)' 'Appropriate quantification of costs based on evidence']

Ratio Decidendi

Given the complexity added by unavailable witnesses and the evidence of professional fees incurred, and noting that the defendant made no submissions, it is appropriate to fix costs in a lump sum of $952,000, calculated on an indemnity basis, pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Plaintiff entitled to costs as a specified gross sum.

Orders

  • ['Order pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW) that the plaintiff is to be entitled to a specified gross sum in the amount of $952,000 including GST in respect of his costs of these proceedings.']