Gabriel v Grech (No 6) [2020] NSWSC 1220

Gabriel v Grech (No 6) [2020] NSWSC 1220

Because the plaintiff succeeded in having dismissal of his claim set aside and judgment entered in his favour, the Local Court costs order in favour of Paul Grech had to be set aside and costs should follow the event. DMC was the main contradictor, unsuccessfully pursued fraud and ownership issues, and prolonged the Local Court proceedings beyond all proportion to the amount in issue, so DMC should pay the plaintiff's Local Court costs from 4 November 2014, though not on an indemnity basis because the plaintiff's damages claim was inflated. In this Court, the plaintiff succeeded on the appeal and on DMC's two interlocutory motions, but did not obtain relief disturbing dismissal of the...

Jurisdiction
Australia
Judgment Date
09 September 2020
Procedural Posture
Costs; Supreme Court Appeal From Local Court Proceedings / On the Papers Determination of Reserved Costs and Fixing the Amount of Judgment After the Appeal Was Allowed
Outcome
Judgment amount fixed; Local Court costs orders set aside; defendant and DMC ordered to pay specified costs; DMC ordered to pay costs of its unsuccessful motions and 75% of the plaintiff's Supreme Court costs.
Legal Topics
['party/party Costs' 'costs Discretion' 'calderbank Offers' 'appeal From Local Court' 'disproportionate Costs' 'motor Vehicle Collision Claim' 'cross Claim']
['civil Procedure' 'costs' 'negligence'] ['party/party Costs' 'costs Discretion' 'calderbank Offers' 'appeal From Local Court' 'disproportionate Costs' 'motor Vehicle Collision Claim' 'cross Claim']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs; Supreme Court Appeal From Local Court Proceedings / On the Papers Determination of Reserved Costs and Fixing the Amount of Judgment After the Appeal Was Allowed

Legal Issues

  1. 1 ["Whether the Local Court costs orders requiring the plaintiff to pay the defendant's costs and 50% of DMC's costs should be set aside after the plaintiff succeeded on appeal." "Whether DMC should pay the plaintiff's costs of the Local Court proceedings notwithstanding DMC's success in having the cross-claim dismissed." "Whether DMC's conduct, including allegations of fraud and challenges to ownership, unreasonably prolonged the Local Court proceedings and made costs disproportionate to the amount in issue." 'Whether Calderbank offers made by the parties affected the appropriate costs orders.' "Whether DMC should pay the plaintiff's costs of DMC's unsuccessful notices of motion to strike out the proceedings and for security for costs, and what proportion of the plaintiff's Supreme Court costs DMC should pay."]

Ratio Decidendi

Because the plaintiff succeeded in having dismissal of his claim set aside and judgment entered in his favour, the Local Court costs order in favour of Paul Grech had to be set aside and costs should follow the event. DMC was the main contradictor, unsuccessfully pursued fraud and ownership issues, and prolonged the Local Court proceedings beyond all proportion to the amount in issue, so DMC should pay the plaintiff's Local Court costs from 4 November 2014, though not on an indemnity basis because the plaintiff's damages claim was inflated. In this Court, the plaintiff succeeded on the appeal and on DMC's two interlocutory motions, but did not obtain relief disturbing dismissal of the...

Court Disposition

Judgment amount fixed; Local Court costs orders set aside; defendant and DMC ordered to pay specified costs; DMC ordered to pay costs of its unsuccessful motions and 75% of the plaintiff's Supreme Court costs.

Orders

  • ['Fix the amount of the judgment ordered in favour of the plaintiff on 11 March 2020 by this Court in the sum of $21,942.77 being $15,900.00 plus pre-judgment interest up to 10 March 2017 in the sum of $6,042.77.' "Set aside orders 3 and 4 made by Atkinson LCM on 11 August 2017 requiring Joseph Gabriel to pay Paul...