Bell v Macquarie Bank Limited [2011] NSWIRComm 6

Bell v Macquarie Bank Limited [2011] NSWIRComm 6

The Court has power to make supplemental cost orders and to assess costs as a gross sum where the parties liable for costs cannot be located, provided the estimate is logical, fair and reasonable and there is no proper basis to require a full costs assessment.

Source-derived case information.

Parties
Applicant: Macquarie Bank Limited; Applicant: Macquarie International Capital Markets Limited; Respondent: Michael Charles Bell; Respondent: Charles Joseph Berg
Jurisdiction
Australia
Judgment Date
18 February 2011
Procedural Posture
Consequential Orders / Supplemental Orders to Costs Orders Following Notices of Motion
Outcome
Gross sum costs orders made and service dispensed.
Legal Topics
Costs, Supplemental Orders, Service Dispensed, Gross Sum Costs Orders
Industrial Relations Civil Procedure Costs Supplemental Orders Service Dispensed Gross Sum Costs Orders

Source-derived case record

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Parties

Macquarie Bank Limited

Applicant

Macquarie International Capital Markets Limited

Applicant

Michael Charles Bell

Respondent

Charles Joseph Berg

Respondent

Procedural Posture

Consequential Orders / Supplemental Orders to Costs Orders Following Notices of Motion

Legal Issues

  1. 1 Whether the Court should dispense with service of notices of motion
  2. 2 Whether the Court has power to make supplemental orders regarding assessment of costs
  3. 3 Whether a gross sum costs order should be made rather than a full costs assessment

Ratio Decidendi

The Court has power to make supplemental cost orders and to assess costs as a gross sum where the parties liable for costs cannot be located, provided the estimate is logical, fair and reasonable and there is no proper basis to require a full costs assessment.

Court Disposition

Gross sum costs orders made and service dispensed.

Orders

  • Service of notices of motion dispensed with.
  • Mr Bell shall pay the costs of Macquarie Bank Limited and Macquarie International Capital Markets Limited in respect of IRC 6973 of 1997 and 5638 of 2002 in an amount of $300,000.