Lin v Commissioner of Victims Rights (Costs) [2024] NSWSC 574

Lin v Commissioner of Victims Rights (Costs) [2024] NSWSC 574

It is just and appropriate to make a specified gross sum costs order of $7,354.96 in favour of the Commissioner. The Court is satisfied the sum is reasonably calculated, discounted, and avoids unnecessary expense and delay. The usual rule that costs follow the event applies, and there is no basis for a different order.

Parties
Plaintiff: Huai Ning Lin; First Defendant: Commissioner of Victims Rights; Second Defendant: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
16 May 2024
Procedural Posture
Costs Order Application / Post Judgment (costs)
Outcome
Costs order made: Ms Lin to pay the Commissioner's costs, fixed at $7,354.96.
Legal Topics
Costs, Gross Sum Costs, Discretion in Costs Order
Civil Procedure Costs Gross Sum Costs Discretion in Costs Order

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Parties

Huai Ning Lin

Plaintiff

Commissioner of Victims Rights

First Defendant

NSW Civil and Administrative Tribunal

Second Defendant

Procedural Posture

Costs Order Application / Post Judgment (costs)

Legal Issues

  1. 1 Whether the Court should exercise its discretion to make a specified gross sum costs order under Civil Procedure Act s 98(4)(c)
  2. 2 Whether the costs sought have been fairly calculated and discounted appropriately
  3. 3 Whether an assessment process would be unnecessarily costly, delayed, or aggravating

Ratio Decidendi

It is just and appropriate to make a specified gross sum costs order of $7,354.96 in favour of the Commissioner. The Court is satisfied the sum is reasonably calculated, discounted, and avoids unnecessary expense and delay. The usual rule that costs follow the event applies, and there is no basis for a different order.

Court Disposition

Costs order made: Ms Lin to pay the Commissioner's costs, fixed at $7,354.96.

Orders

  • Ms Lin is to pay the Commissioner's costs of these proceedings, fixed at the gross sum of $7,354.96.