Nijati by her tutor Akhberzada v Barbir; Nijati by his tutor Akhberzada v Barbir [2017] NSWDC 295

Nijati by her tutor Akhberzada v Barbir; Nijati by his tutor Akhberzada v Barbir [2017] NSWDC 295

A gross sum costs order was appropriate because the costs claim was small and referral for assessment would add expense, but the plaintiffs' claim for $10,000 was excessive. The costs material was inadequate, the proceedings had been delayed and mishandled by the plaintiffs' solicitors, and the solicitor had left the paralegal without adequate supervision. Allowing for proven disbursements, only a nominal amount for professional costs, and a deduction for the defendant's additional costs, the plaintiffs' costs were assessed at $5,000 inclusive of disbursements.

Jurisdiction
Australia
Judgment Date
31 October 2017
Procedural Posture
Civil Costs Application in Infant Settlement Approval Proceedings Arising From a Motor Vehicle Accident Damages Settlement / Decision on Applications for Gross Sum Costs Orders After Approval of Settlement
Outcome
Plaintiffs' costs assessed by gross sum costs order at $5,000 inclusive of disbursements; payment directions made and balance of the $10,000 paid into court to be refunded to the defendant.
Legal Topics
['gross Sum Costs Order' 'approval of Settlement for Minors' 'costs Assessment' "solicitors' Delay and Conduct" 'disbursements']
['costs' 'civil Procedure' 'motor Vehicle Accident Damages' 'infant Settlement Approval'] ['gross Sum Costs Order' 'approval of Settlement for Minors' 'costs Assessment' "solicitors' Delay and Conduct" 'disbursements']

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Procedural Posture

Civil Costs Application in Infant Settlement Approval Proceedings Arising From a Motor Vehicle Accident Damages Settlement / Decision on Applications for Gross Sum Costs Orders After Approval of Settlement

Legal Issues

  1. 1 ['Whether the circumstances warranted making a gross sum costs order under s 98 Civil Procedure Act 2005 (NSW).' "What quantum of costs should be allowed for the plaintiffs in light of the history of the proceedings, the costs material, disbursements, and the defendant's objections." "Whether deductions should be made because of the plaintiffs' solicitors' delays, errors, and inadequate supervision of a paralegal."]

Ratio Decidendi

A gross sum costs order was appropriate because the costs claim was small and referral for assessment would add expense, but the plaintiffs' claim for $10,000 was excessive. The costs material was inadequate, the proceedings had been delayed and mishandled by the plaintiffs' solicitors, and the solicitor had left the paralegal without adequate supervision. Allowing for proven disbursements, only a nominal amount for professional costs, and a deduction for the defendant's additional costs, the plaintiffs' costs were assessed at $5,000 inclusive of disbursements.

Court Disposition

Plaintiffs' costs assessed by gross sum costs order at $5,000 inclusive of disbursements; payment directions made and balance of the $10,000 paid into court to be refunded to the defendant.

Orders

  • ["Pursuant to s 98 Civil Procedure Act 2005 (NSW), I assess the plaintiffs' costs by way of gross sum costs order of $5,000 inclusive of disbursements." "The defendant (or the registrar of the court at the defendant's direction) is to pay the said sum as follows: The sum of $33 is to be paid to Dr Shakila; The sum...