Gabrielle v Abood (No 4) [2023] NSWCA 100

Gabrielle v Abood (No 4) [2023] NSWCA 100

Although the second and third respondents' reasons for seeking a gross sum order were somewhat thin, refusing the request would likely require formal costs assessment and further expenditure on a relatively small costs claim. The Court was satisfied, having regard to the interests of justice and ss 56-58 of the Civil Procedure Act 2005 (NSW), that it should exercise the discretion under s 98(4)(c). Because the trustees played no active role in opposing or supporting the leave application and the claimed professional fees appeared somewhat excessive, a 30% discount was applied to all professional costs, disbursements were allowed, and the resulting amount was rounded down to $14,300.00.

Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Costs Motion Following Refusal of Application for Leave to Appeal / Consequential Orders; Gross Sum Costs Assessment on the Papers
Outcome
Gross sum costs order made for the second and third respondents in the amount of $14,300.00.
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'trustees for Sale' 'leave to Appeal']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'costs Assessment' 'trustees for Sale' 'leave to Appeal']

Case Brief

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Procedural Posture

Costs Motion Following Refusal of Application for Leave to Appeal / Consequential Orders; Gross Sum Costs Assessment on the Papers

Legal Issues

  1. 1 ["Whether the Court should exercise its discretion under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) to assess the second and third respondents' costs in a gross sum." "What gross sum should be assessed for the second and third respondents' costs, including the costs of applying for a gross sum costs order."]

Ratio Decidendi

Although the second and third respondents' reasons for seeking a gross sum order were somewhat thin, refusing the request would likely require formal costs assessment and further expenditure on a relatively small costs claim. The Court was satisfied, having regard to the interests of justice and ss 56-58 of the Civil Procedure Act 2005 (NSW), that it should exercise the discretion under s 98(4)(c). Because the trustees played no active role in opposing or supporting the leave application and the claimed professional fees appeared somewhat excessive, a 30% discount was applied to all professional costs, disbursements were allowed, and the resulting amount was rounded down to $14,300.00.

Court Disposition

Gross sum costs order made for the second and third respondents in the amount of $14,300.00.

Orders

  • ['The costs of the second and third respondents are assessed, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), in the gross sum of $14,300.00 (which amount includes the costs of applying for this gross sum costs order).']