Dickens v State of New South Wales (No 4) [2018] NSWSC 666

It is appropriate to order that the plaintiff pay the defendant’s costs, in a gross sum, because the defendant was wholly successful, there is no compelling reason to reserve costs solely because an appeal is proposed, and the evidence shows costs assessment would likely be unrecoverable and unnecessarily burdensome.

Parties: Plaintiff: Mr Dickens (a pseudonym); First Defendant: State of New South Wales
Jurisdiction: Australia
Judgment Date: 14 May 2018
Procedural Posture: Costs Determination Following Dismissal / Post Judgment, Costs Application
Outcome: Plaintiff ordered to pay the defendant’s costs in a specified gross sum.
Legal Topics: Costs, Gross Sum Costs, Appeal Implications

Civil Procedure Costs Gross Sum Costs Appeal Implications

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Mr Dickens (a pseudonym)

Plaintiff

State of New South Wales

First Defendant

Procedural Posture

Costs Determination Following Dismissal / Post Judgment, Costs Application

Legal Issues

1 Whether costs should be reserved pending appeal
2 Whether costs should be paid in a specified gross sum

Ratio Decidendi

Court Disposition

Plaintiff ordered to pay the defendant’s costs in a specified gross sum.

Orders

Order the plaintiff to pay the defendant's costs of the proceedings.
Order the plaintiff to pay the defendant's costs in the specified gross sum of $32,000.