Franjo Strumfin by his Litigation Guardian Peter Chodat v Anka Strumfin (No 3) [2021] NSWSC 859

Franjo Strumfin by his Litigation Guardian Peter Chodat v Anka Strumfin (No 3) [2021] NSWSC 859

The plaintiff's additional material sufficiently explained the earlier queries about the costs and disbursements claimed. Although the second defendant's interference with the plaintiff's solicitor's participation in the PEXA workspace was unnecessary and unreasonable, the issues in the proceedings were relatively...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Costs Assessment / Gross Sum Costs Order / On the Papers Following Prior Order That the Second Defendant Pay the Plaintiff's Costs on the Indemnity Basis
Outcome
The plaintiff's costs were assessed on a gross sum basis in the amount of $24,200.
Legal Topics
['gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'pexa Workspace' 'enforcement of Federal Circuit Court Orders']
['costs' 'civil Procedure' 'equity'] ['gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'pexa Workspace' 'enforcement of Federal Circuit Court Orders']

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Procedural Posture

Costs Assessment / Gross Sum Costs Order / On the Papers Following Prior Order That the Second Defendant Pay the Plaintiff's Costs on the Indemnity Basis

Legal Issues

  1. 1 ["What gross sum should be assessed for the plaintiff's costs under order 3 made on 16 February 2021." "Whether the plaintiff's additional evidence sufficiently identified the costs and disbursements incurred in respect of the legal work to which the costs order relates." 'What discount should be applied to the claimed legal fees and disbursements when assessing costs on a gross sum basis.']

Ratio Decidendi

The plaintiff's additional material sufficiently explained the earlier queries about the costs and disbursements claimed. Although the second defendant's interference with the plaintiff's solicitor's participation in the PEXA workspace was unnecessary and unreasonable, the issues in the proceedings were relatively simple and a 30% reduction from the claimed $34,514.50 was warranted. The appropriate rounded gross sum costs amount payable by the second defendant to the plaintiff was therefore $24,200.

Court Disposition

The plaintiff's costs were assessed on a gross sum basis in the amount of $24,200.

Orders

  • ["The Court assesses the plaintiff's costs in accordance with order 3 made by the Court on 16 February 2021 in the amount of $24,200 on a gross sum basis pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW)."]