Wentworth v Rogers (No 2) [2016] NSWSC 284

Wentworth v Rogers (No 2) [2016] NSWSC 284

The plaintiff, having succeeded on her claim at the second trial and with the defendant's cross-claim dismissed, is entitled to the costs of the first trial pursuant to the Court of Appeal's earlier orders. A lump sum of $100,000 is appropriate given impracticability of assessment.

Parties
Plaintiff: Katherine Wentworth; Defendant/cross Claimant: Gordon Rogers
Jurisdiction
Australia
Judgment Date
17 March 2016
Procedural Posture
Costs Motion Following Trial and Cross Claim / Post Trial Costs Determination
Outcome
Plaintiff awarded costs of first trial with interest.
Legal Topics
Trial Costs, Interest on Costs, Cross Claims, Party and Party Costs
Costs Trial Costs Interest on Costs Cross Claims Party and Party Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Katherine Wentworth

Plaintiff

Gordon Rogers

Defendant/cross Claimant

Procedural Posture

Costs Motion Following Trial and Cross Claim / Post Trial Costs Determination

Legal Issues

  1. 1 Is the plaintiff entitled to costs of the first trial in light of previous orders and outcomes?
  2. 2 What amount should be awarded for the costs of the first trial, and from what date should interest run?

Ratio Decidendi

The plaintiff, having succeeded on her claim at the second trial and with the defendant's cross-claim dismissed, is entitled to the costs of the first trial pursuant to the Court of Appeal's earlier orders. A lump sum of $100,000 is appropriate given impracticability of assessment.

Court Disposition

Plaintiff awarded costs of first trial with interest.

Orders

  • Defendant to pay plaintiff's costs of the first trial in the sum of $100,000.
  • Interest at Supreme Court rates from 6 March 1987.