I C Pipes Pty Ltd v DGS Trading Pty Ltd (No 3) [2023] NSWSC 1146

I C Pipes Pty Ltd v DGS Trading Pty Ltd (No 3) [2023] NSWSC 1146

A gross sum costs order was warranted because the proceedings had a long history from the District Court, involved complex issues, interlocutory disputes, subpoenas and forensic analysis, there were concerns about the second and third defendants' financial capacity, and the second defendant had not economically or efficiently conducted the matter and did not contest the motion. The amount sought required further discounting because some costs preceded the joinder of the second and third defendants and costs of the dismissed contempt application were included, so the Court fixed the gross sum at $250,000.

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Costs / Notice of Motion Seeking a Gross Sum Costs Order Under S 98(4) of the Civil Procedure Act 2005 (nsw) After Judgment and Costs Order
Outcome
Gross sum costs order made in a reduced amount.
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'discretion Under S 98(4) of the Civil Procedure Act 2005 (nsw)' 'financial Capacity to Satisfy Costs Orders']
['costs' 'civil Procedure'] ['gross Sum Costs Order' 'costs Assessment' 'discretion Under S 98(4) of the Civil Procedure Act 2005 (nsw)' 'financial Capacity to Satisfy Costs Orders']

Case Brief

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Procedural Posture

Costs / Notice of Motion Seeking a Gross Sum Costs Order Under S 98(4) of the Civil Procedure Act 2005 (nsw) After Judgment and Costs Order

Legal Issues

  1. 1 ["Whether the plaintiff's costs payable under Order 5 made on 12 September 2023 should be fixed as a specified gross sum instead of being assessed." "What gross sum should be ordered for the plaintiff's costs."]

Ratio Decidendi

A gross sum costs order was warranted because the proceedings had a long history from the District Court, involved complex issues, interlocutory disputes, subpoenas and forensic analysis, there were concerns about the second and third defendants' financial capacity, and the second defendant had not economically or efficiently conducted the matter and did not contest the motion. The amount sought required further discounting because some costs preceded the joinder of the second and third defendants and costs of the dismissed contempt application were included, so the Court fixed the gross sum at $250,000.

Court Disposition

Gross sum costs order made in a reduced amount.

Orders

  • ['Pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) the costs which are the subject of Order 5 made on 12 September 2023 are payable by way of a gross sum in the amount of $250,000.']