Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) (No. 3) [2020] NSWSC 1472

Riva NSW Pty Limited v Mark A Fraser; Fraser v Riva (NSW) (No. 3) [2020] NSWSC 1472

Because the litigation had to be brought to an end and the parties had failed to agree directions despite being asked to do so, the Court would not permit further delay or entertain preliminary issues. All remaining matters, including indemnity costs, specified gross sum costs orders, Bell Lawyers v Pentelow issues and the costs issues raised by Gells Lawyers, were to be prepared for determination through one final set of written submissions on each side cross-referenced to a modest agreed bundle, with directions to be provided by the parties.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Consequential Orders / On the Papers in Chambers; Directions Consequent Upon the Court's Previous Judgment Concerning Remaining Costs Issues
Outcome
Directions given
Legal Topics
['case Management Directions' 'indemnity Costs' 'specified Gross Sum Costs Order' 'preliminary Issues' 'bell Lawyers Pty Ltd V Pentelow and the Chorley Exception']
['civil Procedure' 'costs'] ['case Management Directions' 'indemnity Costs' 'specified Gross Sum Costs Order' 'preliminary Issues' 'bell Lawyers Pty Ltd V Pentelow and the Chorley Exception']

Case Brief

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Procedural Posture

Consequential Orders / On the Papers in Chambers; Directions Consequent Upon the Court's Previous Judgment Concerning Remaining Costs Issues

Legal Issues

  1. 1 ['What directions should be given to prepare for final determination of the remaining costs issues.' 'Whether the Court should entertain a preliminary issue concerning the application of Bell Lawyers Pty Ltd v Pentelow to the claimed legal fees.' 'How the parties should prepare evidence and written submissions for determination of indemnity costs and specified gross sum costs orders.']

Ratio Decidendi

Because the litigation had to be brought to an end and the parties had failed to agree directions despite being asked to do so, the Court would not permit further delay or entertain preliminary issues. All remaining matters, including indemnity costs, specified gross sum costs orders, Bell Lawyers v Pentelow issues and the costs issues raised by Gells Lawyers, were to be prepared for determination through one final set of written submissions on each side cross-referenced to a modest agreed bundle, with directions to be provided by the parties.

Court Disposition

Directions given

Orders

  • ["The parties are directed to provide to the Court by 4pm on Thursday 29 October 2020 agreed short minutes of order containing directions to achieve the finalisation of all remaining issues in these proceedings taking account of the Court's observations in this judgment today." "If the parties cannot agree upon...