Woolf v Brandt (No 2) [2023] NSWCA 309

Woolf v Brandt (No 2) [2023] NSWCA 309

None of the respondent's reasons for indemnity costs are sufficient. The Court has discretion to award gross sum costs where the amount can be fairly assessed; here, a discount is appropriate, and gross sum assessment is warranted given modest, reasonable claims and desire for finality.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Civil Appeal (costs Application) / Costs Determination Following Dismissal of Leave to Appeal
Outcome
Application for indemnity costs refused; gross sum costs order made.
Legal Topics
['costs Assessment' 'gross Sum Costs Orders' 'indemnity Costs']
['civil Procedure'] ['costs Assessment' 'gross Sum Costs Orders' 'indemnity Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal (costs Application) / Costs Determination Following Dismissal of Leave to Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity basis' 'Whether gross sum costs order should be made' 'What amount of costs is appropriate']

Ratio Decidendi

None of the respondent's reasons for indemnity costs are sufficient. The Court has discretion to award gross sum costs where the amount can be fairly assessed; here, a discount is appropriate, and gross sum assessment is warranted given modest, reasonable claims and desire for finality.

Court Disposition

Application for indemnity costs refused; gross sum costs order made.

Orders

  • ['The costs of the respondent are assessed, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), in the gross sum of $11,500.00 (which amount includes the costs of applying for this gross sum costs order)']