In the matter of Cardinal Group Pty Ltd (in liq) and Cardinal Project Services Pty Ltd (in liq) (Lump Sum Costs) [2018] NSWSC 895

In the matter of Cardinal Group Pty Ltd (in liq) and Cardinal Project Services Pty Ltd (in liq) (Lump Sum Costs) [2018] NSWSC 895

The respondents' unchallenged evidence established that the claimed costs were fair, reasonable and proportionate to opposing the applicants' amended notice of motion; counsel's and solicitors' hourly rates were within recognised ranges, the solicitors' fees had already been discounted by 30 percent, and the costs related to a discrete question, justifying a lump sum costs order rounded down to $6,400 and payable forthwith.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Costs Application for Lump Sum Costs Order / On the Papers Following Dismissal of the Applicants' Application to Set Aside Examination Summonses and Orders for Production
Outcome
Applicants ordered to pay respondents' costs fixed as a lump sum and payable forthwith.
Legal Topics
['lump Sum Costs Order' 'interlocutory Costs' 'costs Payable Forthwith' 'examination Summonses Under S 597 of the Corporations Act 2001 (cth)']
['civil Procedure' 'costs' 'corporations'] ['lump Sum Costs Order' 'interlocutory Costs' 'costs Payable Forthwith' 'examination Summonses Under S 597 of the Corporations Act 2001 (cth)']

Case Brief

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Procedural Posture

Costs Application for Lump Sum Costs Order / On the Papers Following Dismissal of the Applicants' Application to Set Aside Examination Summonses and Orders for Production

Legal Issues

  1. 1 ["Whether the respondents' costs of the amended notice of motion should be fixed as a lump sum." 'Whether the amount claimed was fair, reasonable and proportionate to the time and costs involved in opposing the application.' 'Whether the costs should be payable forthwith.']

Ratio Decidendi

The respondents' unchallenged evidence established that the claimed costs were fair, reasonable and proportionate to opposing the applicants' amended notice of motion; counsel's and solicitors' hourly rates were within recognised ranges, the solicitors' fees had already been discounted by 30 percent, and the costs related to a discrete question, justifying a lump sum costs order rounded down to $6,400 and payable forthwith.

Court Disposition

Applicants ordered to pay respondents' costs fixed as a lump sum and payable forthwith.

Orders

  • ["That the applicants pay the respondents' costs of the amended notice of motion filed on 21 May 2018, such costs to be fixed in the sum of $6,400 (net of GST) and are to be payable forthwith."]