In the matter of Mosman & Co Pty Limited [2020] NSWSC 1245

In the matter of Mosman & Co Pty Limited [2020] NSWSC 1245

The court ordered a specified gross sum for costs as the defendants failed to comply with prior orders and did not participate in the process, and the presented legal fees and disbursements were reasonable and properly discounted to reflect party and party costs. This avoided wasted further costs and delay for the successful party.

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Application for Gross Sum Costs Order / Post Judgment Costs Determination
Outcome
Specified gross sum cost order made in the amount of $103,280 including GST.
Legal Topics
['gross Sum Costs Order' 'section 98(4)(c) Civil Procedure Act 2005 (nsw)' 'party and Party Basis' 'discount to Legal Fees']
['equity' 'corporations' 'costs'] ['gross Sum Costs Order' 'section 98(4)(c) Civil Procedure Act 2005 (nsw)' 'party and Party Basis' 'discount to Legal Fees']

Case Brief

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Procedural Posture

Application for Gross Sum Costs Order / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether it is appropriate to make a gross sum costs order under section 98(4)(c) of the Civil Procedure Act 2005 (NSW)' 'The proper amount to be awarded as a gross sum for costs']

Ratio Decidendi

The court ordered a specified gross sum for costs as the defendants failed to comply with prior orders and did not participate in the process, and the presented legal fees and disbursements were reasonable and properly discounted to reflect party and party costs. This avoided wasted further costs and delay for the successful party.

Court Disposition

Specified gross sum cost order made in the amount of $103,280 including GST.

Orders

  • ['Pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff is entitled to a specified gross sum in the amount of $103,280 including GST in respect of his costs of these proceedings.']