Makaroff v Nepean Blue Mountains Local Health District (No 2) [2019] NSWSC 1043

Makaroff v Nepean Blue Mountains Local Health District (No 2) [2019] NSWSC 1043

It is just, logical, and fair to order a gross sum costs award of $176,000 for the second defendant, as a broad-brush determination based on materials before the court, and plaintiff's impecuniosity does not prevent the making of such an order.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Costs Application / Post Trial Costs Determination
Outcome
Gross sum costs order granted in favour of second defendant; each party to bear own costs for special costs application.
Legal Topics
['costs' 'gross Sum Award' 'impecuniosity']
['civil Procedure'] ['costs' 'gross Sum Award' 'impecuniosity']

Case Brief

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Procedural Posture

Costs Application / Post Trial Costs Determination

Legal Issues

  1. 1 ["Should a gross sum costs order be made against the plaintiff for the second defendant's costs?" "Is the plaintiff's impecuniosity a reason not to make the costs order?" 'Should each party bear its own costs for the special costs application?']

Ratio Decidendi

It is just, logical, and fair to order a gross sum costs award of $176,000 for the second defendant, as a broad-brush determination based on materials before the court, and plaintiff's impecuniosity does not prevent the making of such an order.

Court Disposition

Gross sum costs order granted in favour of second defendant; each party to bear own costs for special costs application.

Orders

  • ["The second defendant's costs are assessed at a gross sum of $176,000." 'The plaintiff and second defendant are to pay their own costs of the special costs application.']