Miles v Doyle (No 3) [2021] NSWSC 1524

Miles v Doyle (No 3) [2021] NSWSC 1524

Given the plaintiff's outperforming multiple offers of compromise and the defendant's bankruptcy, the court exercised its discretion to award indemnity costs to the plaintiff from 6 July 2018 and made a gross lump sum costs order of $213,000, finding such an order justified and supported by the circumstances and the court's own experience.

Parties
Plaintiff: Paul John Miles; Defendant: Philip William Doyle
Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Civil / Costs Order Following Judgment
Outcome
Defendant to pay plaintiff's costs on an ordinary basis up to 5 July 2018 and indemnity basis thereafter; gross lump sum costs order made for $213,000 in favor of plaintiff.
Legal Topics
Costs, Indemnity Costs, Lump Sum Costs Order
Civil Procedure Costs Indemnity Costs Lump Sum Costs Order

Case Brief

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Parties

Paul John Miles

Plaintiff

Philip William Doyle

Defendant

Procedural Posture

Civil / Costs Order Following Judgment

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the plaintiff from 6 July 2018
  2. 2 Whether a gross lump sum costs order should be made pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

Given the plaintiff's outperforming multiple offers of compromise and the defendant's bankruptcy, the court exercised its discretion to award indemnity costs to the plaintiff from 6 July 2018 and made a gross lump sum costs order of $213,000, finding such an order justified and supported by the circumstances and the court's own experience.

Court Disposition

Defendant to pay plaintiff's costs on an ordinary basis up to 5 July 2018 and indemnity basis thereafter; gross lump sum costs order made for $213,000 in favor of plaintiff.

Orders

  • The defendant pay the plaintiff's costs on an ordinary basis up to 5 July 2018 and on an indemnity basis from 6 July 2018.
  • A lump sum costs order is made in favor of the plaintiff pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) in the total sum of $213,000, including costs of the application.