Amirbeaggi v EB (No 2) [2023] NSWCA 184

Amirbeaggi v EB (No 2) [2023] NSWCA 184

In light of the applicant's history of repeated disputation over modest sums, the disproportion between the costs incurred and the amount in dispute, the need to avoid further delay and expense, and the sufficiency of the limited evidence presented, it was appropriate to make a conservative gross sum costs order in favour of the respondents for $33,000, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
10 August 2023
Procedural Posture
Application for Gross Sum Costs Order (post Judgment) / Post Judgment Costs Determination After Dismissal of Judicial Review
Outcome
Gross sum costs order made in favour of respondents; amended notice of motion otherwise dismissed.
Legal Topics
['costs' 'procedure' 'gross Sum Costs Order' 'judicial Review']
['civil Procedure'] ['costs' 'procedure' 'gross Sum Costs Order' 'judicial Review']

Case Brief

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Procedural Posture

Application for Gross Sum Costs Order (post Judgment) / Post Judgment Costs Determination After Dismissal of Judicial Review

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made under s 98(4)(c) Civil Procedure Act 2005 (NSW) after judgment dismissing proceedings;' 'Whether the Court has power to specify a gross sum instead of costs to be assessed;' 'What evidentiary requirements and procedural considerations attach to such an order.']

Ratio Decidendi

In light of the applicant's history of repeated disputation over modest sums, the disproportion between the costs incurred and the amount in dispute, the need to avoid further delay and expense, and the sufficiency of the limited evidence presented, it was appropriate to make a conservative gross sum costs order in favour of the respondents for $33,000, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Gross sum costs order made in favour of respondents; amended notice of motion otherwise dismissed.

Orders

  • ['Order that the applicant pay the respondents a sum of $33,000 for the costs of the proceedings in this Court, in satisfaction of order (2) made on 25 May 2023.' 'Otherwise dismiss the amended notice of motion filed by the respondents and dated 26 June 2023.']