Shalhoub v Johnson (No 2) [2024] NSWDC 10

Shalhoub v Johnson (No 2) [2024] NSWDC 10

There was insufficient information provided to justify a gross sum costs order; costs will be determined by assessment in the usual way. Further interest on prior costs orders is granted as the plaintiff's appeal lacked merit and the sums have remained unpaid. Each party is to pay their own costs of the Notice of Motion.

Jurisdiction
Australia
Judgment Date
07 February 2024
Procedural Posture
Civil / Post Appeal Costs Application
Outcome
Application for gross sum costs order refused; application for further interest granted; each party to pay own costs of Notice of Motion.
Legal Topics
['gross Sum Costs Orders' 'interest on Costs' 'party Party Costs' 'assessment of Costs']
['costs'] ['gross Sum Costs Orders' 'interest on Costs' 'party Party Costs' 'assessment of Costs']

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Procedural Posture

Civil / Post Appeal Costs Application

Legal Issues

  1. 1 ['Should a gross sum costs order be made pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW)?' 'Should further interest be awarded on the costs orders made earlier?' 'What is the appropriate costs order for this application?']

Ratio Decidendi

There was insufficient information provided to justify a gross sum costs order; costs will be determined by assessment in the usual way. Further interest on prior costs orders is granted as the plaintiff's appeal lacked merit and the sums have remained unpaid. Each party is to pay their own costs of the Notice of Motion.

Court Disposition

Application for gross sum costs order refused; application for further interest granted; each party to pay own costs of Notice of Motion.

Orders

  • ["Plaintiff to pay defendants' costs of these proceedings on the ordinary basis." "Defendants' applications for a gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) refused." "Defendants' application for further interest on the costs orders made on 28 June 2019 and 29 September 2020...