Webster v Super Smart Strategies Pty Ltd (No 3) [2017] NSWSC 930

Webster v Super Smart Strategies Pty Ltd (No 3) [2017] NSWSC 930

Sufficient material (affidavits, invoices, legal opinions) was provided to enable the Court to fairly and reasonably determine gross sum costs orders for HWL Ebsworth and ABCD, the cross-claimants unnecessarily contributed to the costs, and the absence of any opposition further justified granting lump-sum orders under s 98(4) Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
12 July 2017
Procedural Posture
Costs Application (post Judgment) / Orders on Gross Sum Costs Applications
Outcome
Gross sum costs orders granted as sought
Legal Topics
['costs' 'gross Sum Costs Order']
['civil Procedure'] ['costs' 'gross Sum Costs Order']

Case Brief

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Procedural Posture

Costs Application (post Judgment) / Orders on Gross Sum Costs Applications

Legal Issues

  1. 1 ['Whether gross sum costs orders should be made under s 98(4) of the Civil Procedure Act 2005 (NSW) in favour of cross-defendants following dismissal of cross-claims' 'Whether sufficient material was provided to determine appropriate costs sums and if cross-claimants contributed unnecessarily to costs']

Ratio Decidendi

Sufficient material (affidavits, invoices, legal opinions) was provided to enable the Court to fairly and reasonably determine gross sum costs orders for HWL Ebsworth and ABCD, the cross-claimants unnecessarily contributed to the costs, and the absence of any opposition further justified granting lump-sum orders under s 98(4) Civil Procedure Act 2005 (NSW).

Court Disposition

Gross sum costs orders granted as sought

Orders

  • ['Cross-claimants to pay second and fourth to 113th cross-defendants $140,000 within 28 days under s 98(4) Civil Procedure Act 2005 (NSW).' "Cross-claimants to pay second and fourth to 113th cross-defendants' costs of their application for a gross sum costs order." 'Cross-claimants to pay third cross-defendant...