Loretta Kistmah Craig v Anthony Francis Johnson [2020] NSWSC 1645

Loretta Kistmah Craig v Anthony Francis Johnson [2020] NSWSC 1645

A gross sum costs order in the amount of $25,000 payable forthwith should be made because the plaintiffs' conduct was unreasonable, caused unnecessary costs and delay, the costs issues are distinct and divisible, previous costs remain unpaid, and assessment would be protracted and costly. There was no sufficient evidence to support a finding that payment forthwith would stultify the proceedings.

Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Costs Application / Post Interlocutory, Costs Determination After Notice of Motion
Outcome
Application for gross sum costs order granted; costs ordered payable forthwith.
Legal Topics
['costs' 'gross Sum Costs Order' 'interlocutory Applications' 'timing of Costs Payment']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'interlocutory Applications' 'timing of Costs Payment']

Case Brief

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Procedural Posture

Costs Application / Post Interlocutory, Costs Determination After Notice of Motion

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made' 'Whether costs should be payable forthwith']

Ratio Decidendi

A gross sum costs order in the amount of $25,000 payable forthwith should be made because the plaintiffs' conduct was unreasonable, caused unnecessary costs and delay, the costs issues are distinct and divisible, previous costs remain unpaid, and assessment would be protracted and costly. There was no sufficient evidence to support a finding that payment forthwith would stultify the proceedings.

Court Disposition

Application for gross sum costs order granted; costs ordered payable forthwith.

Orders

  • ["The plaintiffs are to pay the defendants' costs of the notice of motion filed on 6 August 2019 including disbursements in a gross sum amount of $25,000." 'The costs referred to in order 1 are payable forthwith.']