Ratkovic v Hadzic [2019] NSWSC 1627

Ratkovic v Hadzic [2019] NSWSC 1627

Given the terms of settlement (that plaintiff bears costs in favour of Turner Freeman Lawyers), the resolution of the notice of motion by consent, and the relevant legal principles, it is appropriate that the plaintiff pay to Turner Freeman Lawyers a gross sum of $4,384.50 for costs of, and incidental to, the notice of motion, covering disbursements, external counsel, and the employed solicitor's time (but not partner time), with such costs to be paid from settlement funds due to the plaintiff.

Parties
Plaintiff: Dosta Ratkovic; Defendant: John Draga Hadzic; Respondent to Notice of Motion: Turner Freeman Lawyers
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Equity/probate Proceedings / Costs Determination After Settlement of Substantive Dispute
Outcome
Plaintiff ordered to pay gross sum costs to Turner Freeman Lawyers, paid from settlement funds.
Legal Topics
Costs, Gross Sum Costs Order, Trustee's Duties, Employment of Solicitors
Equity Succession Law Civil Procedure Costs Gross Sum Costs Order Trustee's Duties Employment of Solicitors

Case Brief

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Parties

Dosta Ratkovic

Plaintiff

John Draga Hadzic

Defendant

Turner Freeman Lawyers

Respondent to Notice of Motion

Procedural Posture

Equity/probate Proceedings / Costs Determination After Settlement of Substantive Dispute

Legal Issues

  1. 1 Whether plaintiff should pay Turner Freeman Lawyers' costs of, and incidental to, the notice of motion filed 20 July 2018 on the ordinary basis; scope of recoverable costs, including costs of employed solicitor, external counsel and disbursements; appropriateness of making a gross sum costs order; effect of settlement agreement on liability for costs

Ratio Decidendi

Given the terms of settlement (that plaintiff bears costs in favour of Turner Freeman Lawyers), the resolution of the notice of motion by consent, and the relevant legal principles, it is appropriate that the plaintiff pay to Turner Freeman Lawyers a gross sum of $4,384.50 for costs of, and incidental to, the notice of motion, covering disbursements, external counsel, and the employed solicitor's time (but not partner time), with such costs to be paid from settlement funds due to the plaintiff.

Court Disposition

Plaintiff ordered to pay gross sum costs to Turner Freeman Lawyers, paid from settlement funds.

Orders

  • Direct plaintiff to pay Turner Freeman Lawyers costs of, and incidental to, the notice of motion filed 20 July 2018 on the ordinary basis, those costs including external counsel and disbursements, as well as employed solicitor's time (but not partner's costs).
  • Order costs payable by plaintiff be the gross sum of $4,384.50.