Perpetual Trustee Company Limited v Stojcevski (No 3) [2015] NSWSC 110

Perpetual Trustee Company Limited v Stojcevski (No 3) [2015] NSWSC 110

A specified gross sum costs order was appropriate because the unmeritorious proceedings would otherwise require conventional costs assessment that could involve first instance determinations and an appeal, take between four and 12 months, and cost as much as $20,000; additionally, surplus funds from the sale of the property could be dissipated unless the cross-defendant had a monetary costs judgment before settlement. The evidence supported fixing costs at $110,000, with a further $1,000 added for the hearing, making $111,000 payable within 21 days.

Jurisdiction
Australia
Judgment Date
03 February 2015
Procedural Posture
Costs / Assessment and Quantification of Specified Gross Sum Costs Order After Dismissal of Cross Claim
Outcome
The cross-defendant's costs of the cross-claim were fixed in a gross sum of $111,000 instead of assessed costs and ordered to be paid within 21 days.
Legal Topics
['specified Gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'civil Procedure Act 2005 (nsw), S 98(4)(c)']
['costs' 'civil Procedure'] ['specified Gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'civil Procedure Act 2005 (nsw), S 98(4)(c)']

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Procedural Posture

Costs / Assessment and Quantification of Specified Gross Sum Costs Order After Dismissal of Cross Claim

Legal Issues

  1. 1 ["Whether the cross-defendant's costs of the cross-claim should be fixed in a specified gross sum instead of assessed costs." "What amount should be fixed for the cross-defendant's costs." 'When the fixed costs should be paid.']

Ratio Decidendi

A specified gross sum costs order was appropriate because the unmeritorious proceedings would otherwise require conventional costs assessment that could involve first instance determinations and an appeal, take between four and 12 months, and cost as much as $20,000; additionally, surplus funds from the sale of the property could be dissipated unless the cross-defendant had a monetary costs judgment before settlement. The evidence supported fixing costs at $110,000, with a further $1,000 added for the hearing, making $111,000 payable within 21 days.

Court Disposition

The cross-defendant's costs of the cross-claim were fixed in a gross sum of $111,000 instead of assessed costs and ordered to be paid within 21 days.

Orders

  • ["Order that the cross-defendant's costs of the cross-claim be fixed in the sum of $111,000.00 instead of assessed costs." 'Order that the amount expressed in order 1 be paid within 21 days of the date of this order, namely by 24 February 2015.']