Islam v Australian Securities & Investments Commission [2024] NSWSC 150

Islam v Australian Securities & Investments Commission [2024] NSWSC 150

Because Mr Islam's contentions were utterly hopeless and beyond revival, the first and second defendants' Offer of Compromise was a sufficient basis for indemnity costs from 28 July 2023. The detailed costs evidence supported the claimed amount, and formal assessment would be disproportionate, so a gross sum costs order for $11,711.50 was warranted.

Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Costs Application / After Dismissal of Proceedings
Outcome
Order Mr Islam to pay the first and second defendant's costs assessed as a gross sum of $11,711.50.
Legal Topics
['indemnity Costs' 'gross Sum Costs Order' 'offer of Compromise' 'costs Assessment']
['civil Procedure' 'costs'] ['indemnity Costs' 'gross Sum Costs Order' 'offer of Compromise' 'costs Assessment']

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 Application / After Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether the first and second defendants should have their costs on the ordinary basis up to 28 July 2023 and on an indemnity basis thereafter.' 'Whether a gross sum costs order should be made instead of requiring a formal assessment of costs.']

Ratio Decidendi

Because Mr Islam's contentions were utterly hopeless and beyond revival, the first and second defendants' Offer of Compromise was a sufficient basis for indemnity costs from 28 July 2023. The detailed costs evidence supported the claimed amount, and formal assessment would be disproportionate, so a gross sum costs order for $11,711.50 was warranted.

Court Disposition

Order Mr Islam to pay the first and second defendant's costs assessed as a gross sum of $11,711.50.

Orders

  • ["Mr Islam is to pay the first and second defendants' costs assessed as a gross sum of $11,711.50."]