Ghosh v Miller (No 2) [2016] NSWSC 713

Ghosh v Miller (No 2) [2016] NSWSC 713

The court declined to exercise its discretion under s 98(4)(c) of the Civil Procedure Act to award a gross sum costs order, determining that the quantum of costs sought was not justifiable and would require a detailed examination equivalent to a formal costs assessment. The default order is the plaintiff to pay the defendant's assessed costs.

Parties
Plaintiff: Ratna Ghosh; Defendant: Rodney Miller
Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Costs Application / Final Judgment
Outcome
Plaintiff to pay defendant's costs on assessment
Legal Topics
Costs, Gross Sum Costs Order, Indemnity Costs, Costs Assessment
Civil Procedure Costs Gross Sum Costs Order Indemnity Costs Costs Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Ratna Ghosh

Plaintiff

Rodney Miller

Defendant

Procedural Posture

Costs Application / Final Judgment

Legal Issues

  1. 1 Whether a gross sum costs order should be made in favour of the defendant under s 98(4)(c) Civil Procedure Act 2005 (NSW)
  2. 2 Whether the quantum of costs claimed by the defendant is justified
  3. 3 Whether the conduct of the plaintiff affects the costs order

Ratio Decidendi

The court declined to exercise its discretion under s 98(4)(c) of the Civil Procedure Act to award a gross sum costs order, determining that the quantum of costs sought was not justifiable and would require a detailed examination equivalent to a formal costs assessment. The default order is the plaintiff to pay the defendant's assessed costs.

Court Disposition

Plaintiff to pay defendant's costs on assessment

Orders

  • Plaintiff is to pay the defendant's costs