Hamod v State of New South Wales (No 13) [2009] NSWSC 756

Hamod v State of New South Wales (No 13) [2009] NSWSC 756

The Court, having received detailed and unchallenged evidence from the defendants and no competing expert evidence from the plaintiffs, was satisfied that a specified gross sum costs order in the amounts sought was logical, fair and reasonable in lieu of costs assessment, and best served the overriding purpose of the Act by avoiding unrecoverable expense in circumstances where the plaintiffs were impecunious and the assessment would not affect the fairness of amounts awarded.

Jurisdiction
Australia
Judgment Date
05 August 2009
Procedural Posture
Civil / Post Judgment—costs Orders Following Final Judgment
Outcome
Plaintiffs ordered to pay first and second defendants' costs as specified gross sums.
Legal Topics
['costs' 'gross Sum Orders' 'costs Assessment' 'civil Procedure Act 2005 S 98(4)(c)']
['civil Procedure'] ['costs' 'gross Sum Orders' 'costs Assessment' 'civil Procedure Act 2005 S 98(4)(c)']

Case Brief

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Procedural Posture

Civil / Post Judgment—costs Orders Following Final Judgment

Legal Issues

  1. 1 ['Whether a specified gross sum costs order should be made in favour of the defendants under s 98(4)(c) of the Civil Procedure Act 2005 instead of an order for assessed costs' 'Whether the plaintiffs are deprived of a fair opportunity to have costs assessed']

Ratio Decidendi

The Court, having received detailed and unchallenged evidence from the defendants and no competing expert evidence from the plaintiffs, was satisfied that a specified gross sum costs order in the amounts sought was logical, fair and reasonable in lieu of costs assessment, and best served the overriding purpose of the Act by avoiding unrecoverable expense in circumstances where the plaintiffs were impecunious and the assessment would not affect the fairness of amounts awarded.

Court Disposition

Plaintiffs ordered to pay first and second defendants' costs as specified gross sums.

Orders

  • ["Plaintiffs to pay first defendant's costs of the proceedings, specified gross sum $1,475,765 under s 98(4)(c) Civil Procedure Act 2005." "Plaintiffs to pay second defendant's costs of the proceedings, specified gross sum $1,614,000 under s 98(4)(c) Civil Procedure Act 2005." 'The Court will hear the parties on any...