Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust (No 3) [2022] NSWSC 936

Gilmore Finance Pty Ltd v Aesthete Pty Ltd atf the Real Money Unit Trust (No 3) [2022] NSWSC 936

A gross sum costs order should be made because the proceedings were lengthy and complex, the costs of a gross sum application would be significantly less than ordinary assessment, the trial judge's familiarity with the conduct of the case would assist a fair broad-brush assessment, and the history of related costs...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2022
Procedural Posture
Costs Application in Equity Commercial List Proceedings / After Judgment Dismissing Proceedings Against All Defendants With Costs
Outcome
Order to be made for a gross sum costs order; orders for interest on costs from the date paid, for costs of the judicial advice proceedings, and for indemnity costs refused.
Legal Topics
['gross Sum Costs Order' 'interest on Costs' 'costs of Related Judicial Advice Proceedings' 'indemnity Costs' 'costs Assessment']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'interest on Costs' 'costs of Related Judicial Advice Proceedings' 'indemnity Costs' 'costs Assessment']

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Procedural Posture

Costs Application in Equity Commercial List Proceedings / After Judgment Dismissing Proceedings Against All Defendants With Costs

Legal Issues

  1. 1 ['Whether to make a gross sum costs order under s 98(4) of the Civil Procedure Act 2005 (NSW).' 'Whether to order the plaintiff to pay costs in related judicial advice proceedings.' 'Whether interest on costs should run from the date the costs were paid rather than from the date of the costs order under s 101(4) of the Civil Procedure Act 2005 (NSW).' 'Whether the fourth and fifth defendants should receive indemnity costs.']

Ratio Decidendi

A gross sum costs order should be made because the proceedings were lengthy and complex, the costs of a gross sum application would be significantly less than ordinary assessment, the trial judge's familiarity with the conduct of the case would assist a fair broad-brush assessment, and the history of related costs litigation suggested ordinary assessment would likely be drawn out. The Court refused to order costs in separate judicial advice proceedings because those proceedings were not before it. The Court refused interest from the date costs were paid because sufficient cause was not shown. The Court refused indemnity costs because, although the plaintiff failed against the fourth and...

Court Disposition

Order to be made for a gross sum costs order; orders for interest on costs from the date paid, for costs of the judicial advice proceedings, and for indemnity costs refused.

Orders

  • ['The Court was persuaded that it should make a gross sum costs order.' 'The Court declined to make orders for costs in the separate judicial advice proceedings.' 'The Court declined to order that interest on costs run from the date when the costs were paid.' 'The Court declined to order indemnity costs for the...