Pearce & Heers v Liprini (No 2) [2015] NSWSC 530

Pearce & Heers v Liprini (No 2) [2015] NSWSC 530

Given the plaintiffs' successful opposition to the defendant's application, the absence of submissions from the defendant, the significant discount sought, and the evidence provided, it was appropriate, efficient, and fair to fix the plaintiffs' recoverable costs at $6,000 pursuant to s 98(4)(c) of the Civil Procedure Act 2005.

Parties
Plaintiffs: Pearce & Heers; Defendant: Dr Liprini
Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Costs Application / Post Judgment—determination of Costs Following Dismissed Application to Set Aside Orders Under Vexatious Proceedings Act
Outcome
Defendant to pay plaintiffs' costs, fixed at $6,000 exclusive of GST.
Legal Topics
Costs, Vexatious Proceedings, Fixed Costs Orders
Civil Procedure Costs Vexatious Proceedings Fixed Costs Orders

Case Brief

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Parties

Pearce & Heers

Plaintiffs

Dr Liprini

Defendant

Procedural Posture

Costs Application / Post Judgment—determination of Costs Following Dismissed Application to Set Aside Orders Under Vexatious Proceedings Act

Legal Issues

  1. 1 Whether costs should be awarded to the plaintiffs following dismissal of defendant's application under the Vexatious Proceedings Act
  2. 2 Whether the court should fix costs rather than order assessment

Ratio Decidendi

Given the plaintiffs' successful opposition to the defendant's application, the absence of submissions from the defendant, the significant discount sought, and the evidence provided, it was appropriate, efficient, and fair to fix the plaintiffs' recoverable costs at $6,000 pursuant to s 98(4)(c) of the Civil Procedure Act 2005.

Court Disposition

Defendant to pay plaintiffs' costs, fixed at $6,000 exclusive of GST.

Orders

  • Dr Liprini is to pay the plaintiffs' costs of the application before the court, fixed in the sum of $6,000 exclusive of GST.