Quach v Horvath (No 2) [2022] NSWSC 55

Quach v Horvath (No 2) [2022] NSWSC 55

As the plaintiff was unsuccessful and the Civil Procedure Act 2005 (NSW) and Uniform Civil Procedure Rules applied, costs are discretionary and normally follow the event. A gross sum costs order is appropriate to avoid unnecessary expense and delay from a contested assessment, particularly where the plaintiff has not shown an inability to pay and failed to discontinue after being notified of defects. The reduced sum of $11,153.20 claimed for costs is reasonable and supported by evidence. The plaintiff is to pay the defendant's costs and the gross sum specified.

Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Civil / Post Judgment; Costs Determination
Outcome
Plaintiff to pay defendant's costs and a specified lump sum amount.
Legal Topics
['costs' 'gross Sum Costs Order' 'discretionary Costs' 'cost Assessment Avoidance']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'discretionary Costs' 'cost Assessment Avoidance']

Case Brief

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Procedural Posture

Civil / Post Judgment; Costs Determination

Legal Issues

  1. 1 ["Whether the plaintiff should pay defendant's costs after dismissal of claim" 'Whether a gross sum costs order should be made instead of a formal cost assessment' "Source and extent of court's power to order costs"]

Ratio Decidendi

As the plaintiff was unsuccessful and the Civil Procedure Act 2005 (NSW) and Uniform Civil Procedure Rules applied, costs are discretionary and normally follow the event. A gross sum costs order is appropriate to avoid unnecessary expense and delay from a contested assessment, particularly where the plaintiff has not shown an inability to pay and failed to discontinue after being notified of defects. The reduced sum of $11,153.20 claimed for costs is reasonable and supported by evidence. The plaintiff is to pay the defendant's costs and the gross sum specified.

Court Disposition

Plaintiff to pay defendant's costs and a specified lump sum amount.

Orders

  • ["The plaintiff is to pay the defendant's costs of the proceedings." 'The plaintiff is to pay the defendant the lump sum costs of $11,153.20.']