Michael Wilson & Partners v Emmott (No 2) [2024] NSWCA 309

Michael Wilson & Partners v Emmott (No 2) [2024] NSWCA 309

Given the relatively small quantum of costs, sufficiency of supporting affidavit and documentation, the likely disproportionate expense and delay of assessment, and the reasonableness of the rates claimed (applying suitable discounts to address argued contingencies), a gross sum costs order is appropriate and fair...

Source-derived case information.

Parties
Applicant: Michael Wilson & Partners Limited; Respondent: John Forster Emmott
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Costs Application in Appellate Proceedings / Determination of Application for Gross Sum Costs Order After Dismissal of Leave to Appeal
Outcome
Gross sum costs order made in favour of the respondent against the applicant.
Legal Topics
Costs, Gross Sum Costs Orders, Assessment of Costs
Civil Procedure Costs Gross Sum Costs Orders Assessment of Costs

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Parties

Michael Wilson & Partners Limited

Applicant

John Forster Emmott

Respondent

Procedural Posture

Costs Application in Appellate Proceedings / Determination of Application for Gross Sum Costs Order After Dismissal of Leave to Appeal

Legal Issues

  1. 1 Whether a gross sum costs order should be made under s 98(4) of the Civil Procedure Act 2005 (NSW)
  2. 2 Appropriate quantification and discount for costs
  3. 3 Sufficiency of evidence to support gross sum costs order

Ratio Decidendi

Given the relatively small quantum of costs, sufficiency of supporting affidavit and documentation, the likely disproportionate expense and delay of assessment, and the reasonableness of the rates claimed (applying suitable discounts to address argued contingencies), a gross sum costs order is appropriate and fair in this case.

Court Disposition

Gross sum costs order made in favour of the respondent against the applicant.

Orders

  • Order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) that the applicant pay the respondent's costs of the application for leave to appeal on a gross sum basis in the amount of $9,957.21.