In the matter of Tresdar Pty Ltd (No 3) [2019] NSWSC 1112

In the matter of Tresdar Pty Ltd (No 3) [2019] NSWSC 1112

Although the circumstances warranted consideration of a lump sum costs order under s 98(4)(c) Civil Procedure Act 2005 (NSW), the applicant failed to provide sufficient evidence to enable an informed and confident assessment of the appropriate gross sum. The court therefore directed provision of further evidence or otherwise would dismiss the lump sum application.

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Costs Application / Application for Lump Sum Costs Order, Post Judgment
Outcome
Adjourned pending further evidence; application to be dismissed if evidence not filed within seven days
Legal Topics
['costs' 'lump Sum Costs Order' 'indemnity Costs']
['equity' 'corporations'] ['costs' 'lump Sum Costs Order' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application / Application for Lump Sum Costs Order, Post Judgment

Legal Issues

  1. 1 ['Whether a lump sum (gross sum) costs order should be made under section 98(4)(c) of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

Although the circumstances warranted consideration of a lump sum costs order under s 98(4)(c) Civil Procedure Act 2005 (NSW), the applicant failed to provide sufficient evidence to enable an informed and confident assessment of the appropriate gross sum. The court therefore directed provision of further evidence or otherwise would dismiss the lump sum application.

Court Disposition

Adjourned pending further evidence; application to be dismissed if evidence not filed within seven days

Orders

  • ['Direct the plaintiff to notify the Court within seven days whether it wishes to file and serve any further evidence in support of the application for a gross sum costs order and, if so, when.' 'Failing which the application under section 98(4)(c) of the Civil Procedure Act 2005 (NSW) for a gross sum costs order is...