In the matter of Erma Properties Pty Limited [2018] NSWSC 43

In the matter of Erma Properties Pty Limited [2018] NSWSC 43

A gross sum costs order is appropriate in this case as the overall costs are modest, assessment would be disproportionate and unnecessary, and the materials before the Court (including schedules and supporting documents) allow a fair and reasoned determination. The Court discounts solicitors' costs to 70% and accepts counsel's fees as claimed, resulting in a total award of $15,440 to the Defendant.

Parties
Plaintiff: Erma Properties Pty Limited; Defendant: A Plus Fire Pty Limited
Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Corporations List Application / Costs Determination After Dismissal of Application to Set Aside Statutory Demand
Outcome
Plaintiff ordered to pay Defendant's costs in the gross amount specified.
Legal Topics
Costs, Statutory Demand, Gross Sum Costs Order
Civil Procedure Corporate Law Costs Statutory Demand Gross Sum Costs Order

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Parties

Erma Properties Pty Limited

Plaintiff

A Plus Fire Pty Limited

Defendant

Procedural Posture

Corporations List Application / Costs Determination After Dismissal of Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether a gross sum costs order should be made under Civil Procedure Act 2005 (NSW) s 98(4)(c) in the context of an application to set aside a creditor's statutory demand.

Ratio Decidendi

A gross sum costs order is appropriate in this case as the overall costs are modest, assessment would be disproportionate and unnecessary, and the materials before the Court (including schedules and supporting documents) allow a fair and reasoned determination. The Court discounts solicitors' costs to 70% and accepts counsel's fees as claimed, resulting in a total award of $15,440 to the Defendant.

Court Disposition

Plaintiff ordered to pay Defendant's costs in the gross amount specified.

Orders

  • Plaintiff to pay the Defendant's costs of the application in the gross amount of $15,440.