O’Connor v O’Connor – [Gross Lump Sum Cost Order] [2022] NSWSC 940

O’Connor v O’Connor – [Gross Lump Sum Cost Order] [2022] NSWSC 940

There were no special or sufficient circumstances in this case to warrant departing from the usual costs assessment process; the proceedings were neither lengthy nor unduly complex, the assessment process would not be out of the ordinary, and the defendant would not be significantly disadvantaged by assessment. Accordingly, the discretion to order a gross sum costs award was not exercised.

Parties
First Plaintiff: Morgan Benedict O'Connor; Second Plaintiff: Michael Stack; Defendant: John Joseph O'Connor
Jurisdiction
Australia
Judgment Date
13 July 2022
Procedural Posture
Motion for Costs (gross Sum Order) / Post Judgment, After Appeal
Outcome
Application for gross sum costs order dismissed
Legal Topics
Costs, Gross Sum Costs Order
Civil Procedure Costs Gross Sum Costs Order

Case Brief

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Parties

Morgan Benedict O'Connor

First Plaintiff

Michael Stack

Second Plaintiff

John Joseph O'Connor

Defendant

Procedural Posture

Motion for Costs (gross Sum Order) / Post Judgment, After Appeal

Legal Issues

  1. 1 Whether a gross sum costs order should be made in favour of the successful defendant after appeal dismissed

Ratio Decidendi

There were no special or sufficient circumstances in this case to warrant departing from the usual costs assessment process; the proceedings were neither lengthy nor unduly complex, the assessment process would not be out of the ordinary, and the defendant would not be significantly disadvantaged by assessment. Accordingly, the discretion to order a gross sum costs award was not exercised.

Court Disposition

Application for gross sum costs order dismissed

Orders

  • The defendant's motion filed 23 November 2021 is dismissed.