GR v Public Guardian (No 2) [2024] NSWSC 485

GR v Public Guardian (No 2) [2024] NSWSC 485

The plaintiff, having had her proceedings dismissed and not tendered any evidence or submission in response to the application for costs by the second to fourth defendants, and given the modest amount sought, is ordered to pay those costs assessed as a gross sum, discounted appropriately.

Parties
Plaintiff: GR; First Defendant: Public Guardian; Second Defendant: NSW Trustee & Guardian; Third Defendant: Department of Communities & Justice; Fourth Defendant: Westmead Childrens Hospital; Fifth Defendant: Impact Youth Services Pty Ltd
Jurisdiction
Australia
Judgment Date
30 April 2024
Procedural Posture
Costs Application / Post Judgment; Application for Costs
Outcome
Plaintiff to pay second to fourth defendants' costs in the gross sum assessed.
Legal Topics
Costs, Party/party, Bases of Quantification, Ordinary Basis, Assessment as Gross Sum
Equity Costs Party/party Bases of Quantification Ordinary Basis Assessment as Gross Sum

Case Brief

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Parties

GR

Plaintiff

Public Guardian

First Defendant

NSW Trustee & Guardian

Second Defendant

Department of Communities & Justice

Third Defendant

Westmead Childrens Hospital

Fourth Defendant

Impact Youth Services Pty Ltd

Fifth Defendant

Procedural Posture

Costs Application / Post Judgment; Application for Costs

Legal Issues

  1. 1 Whether the second to fourth defendants are entitled to their costs assessed on a gross sum basis for proceedings since remitter to the Equity Division.

Ratio Decidendi

The plaintiff, having had her proceedings dismissed and not tendered any evidence or submission in response to the application for costs by the second to fourth defendants, and given the modest amount sought, is ordered to pay those costs assessed as a gross sum, discounted appropriately.

Court Disposition

Plaintiff to pay second to fourth defendants' costs in the gross sum assessed.

Orders

  • The plaintiff is to pay the second to fourth defendants' costs of the proceedings since their remitter to the Equity Division assessed in the gross sum of $1,940 (exclusive of GST).