Shi v Zhong (No.2) [2021] NSWDC 466

Shi v Zhong (No.2) [2021] NSWDC 466

A gross sum costs order is appropriate given the unchallenged evidence of costs, lack of response from the defendant, and circumstances that would make costs assessment impractical. Interest should be awarded as calculated on instalments as they became due, according to Practice Note District Court (Civil) No. 15....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Civil / Application for Variation of Previous Orders Relating to Interest and Costs, Following Prior Judgment
Outcome
Orders varied to award additional interest and gross sum costs; in favour of the plaintiff.
Legal Topics
['costs' 'interest' 'gross Sum Costs Order' 'offer of Compromise']
['civil Procedure'] ['costs' 'interest' 'gross Sum Costs Order' 'offer of Compromise']

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Procedural Posture

Civil / Application for Variation of Previous Orders Relating to Interest and Costs, Following Prior Judgment

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made under s 98(4) of the Civil Procedure Act 2005 (NSW)' 'Whether interest should be awarded and how it should be calculated' 'Entitlement to indemnity costs following non-acceptance of an offer of compromise']

Ratio Decidendi

A gross sum costs order is appropriate given the unchallenged evidence of costs, lack of response from the defendant, and circumstances that would make costs assessment impractical. Interest should be awarded as calculated on instalments as they became due, according to Practice Note District Court (Civil) No. 15. Indemnity costs are justified from expiry of an unaccepted offer of compromise as the judgment was substantially more favourable to the plaintiff.

Court Disposition

Orders varied to award additional interest and gross sum costs; in favour of the plaintiff.

Orders

  • ['Order 1 of 17 August 2021 varied to include interest of $22,273.91, making total judgment sum $246,521.69' "Order 2 of 17 August 2021 varied to require the defendant to pay plaintiff's costs in the gross sum of $19,930.36"]