Ferntree Homes Pty Ltd v Bernleiter (No 2) [2023] NSWCATAP 315

Ferntree Homes Pty Ltd v Bernleiter (No 2) [2023] NSWCATAP 315

A lump sum costs order was not justified due to insufficient documentation and evidentiary certainty regarding quantum and discount factors; therefore, costs are to be paid by the appellant to the respondents, such costs if not agreed to be assessed in accordance with the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014.

Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Order for costs against appellant; lump sum costs order refused.
Legal Topics
['lump Sum Costs Orders' 'assessment of Costs' 'legal Costs Legislation']
['costs'] ['lump Sum Costs Orders' 'assessment of Costs' 'legal Costs Legislation']

Case Brief

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Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether a lump sum costs order should be made' 'Appropriate method for assessing costs of the appeal']

Ratio Decidendi

A lump sum costs order was not justified due to insufficient documentation and evidentiary certainty regarding quantum and discount factors; therefore, costs are to be paid by the appellant to the respondents, such costs if not agreed to be assessed in accordance with the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014.

Court Disposition

Order for costs against appellant; lump sum costs order refused.

Orders

  • ["Ferntree Homes Pty Ltd must pay Robert Bernleitner and Morena Bernleitners' costs of the appeal, such costs if not agreed to be assessed on the basis set out in the legal costs legislation as defined in section 3A of the Legal Profession Uniform Law Application Act 2014."]