Wakim v State of New South Wales [2017] NSWSC 1492

Wakim v State of New South Wales [2017] NSWSC 1492

A gross sum costs order was justified because the proceedings were complex, the plaintiff's conduct made them procedurally inefficient and protracted, the likely costs assessment would itself be inefficient and unnecessarily prolonged, and the plaintiff appeared unlikely to be able to pay assessed costs. On the materials, applying a broad brush approach and a discount nearer to 20% to the solicitors' costs, a fair gross sum for costs payable under the order made 29 May 2017 was $310,000.

Jurisdiction
Australia
Judgment Date
02 November 2017
Procedural Posture
Costs Application in Tort Proceedings / Post Judgment Notice of Motion for a Gross Sum Costs Order
Outcome
The defendant's notice of motion for a gross sum costs order was granted, and the plaintiff was ordered to pay the defendant's costs assessed as a gross sum of $310,000 and the costs of the notice of motion.
Legal Topics
['gross Sum Costs Assessment' 's 98(4)(c) of the Civil Procedure Act 2005 (nsw)' 'impecunious and Unrepresented Costs Respondent' 'protracted Complex Proceedings']
['costs' 'civil Procedure'] ['gross Sum Costs Assessment' 's 98(4)(c) of the Civil Procedure Act 2005 (nsw)' 'impecunious and Unrepresented Costs Respondent' 'protracted Complex Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application in Tort Proceedings / Post Judgment Notice of Motion for a Gross Sum Costs Order

Legal Issues

  1. 1 ["Whether the defendant's costs payable by the plaintiff should be ordered in a specified gross sum under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)." "What gross sum should be assessed for the defendant's costs." "What order should be made for the costs of the defendant's notice of motion filed 5 June 2017."]

Ratio Decidendi

A gross sum costs order was justified because the proceedings were complex, the plaintiff's conduct made them procedurally inefficient and protracted, the likely costs assessment would itself be inefficient and unnecessarily prolonged, and the plaintiff appeared unlikely to be able to pay assessed costs. On the materials, applying a broad brush approach and a discount nearer to 20% to the solicitors' costs, a fair gross sum for costs payable under the order made 29 May 2017 was $310,000.

Court Disposition

The defendant's notice of motion for a gross sum costs order was granted, and the plaintiff was ordered to pay the defendant's costs assessed as a gross sum of $310,000 and the costs of the notice of motion.

Orders

  • ['Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) the costs payable by the plaintiff to the defendant under order 2 made 29 May 2017 are to be paid in the gross sum of $310,000.' "The plaintiff is to pay the defendant's costs of the defendant's notice of motion filed 5 June 2017."]