Duarte v Ross (No 2) [2022] NSWLEC 95

Duarte v Ross (No 2) [2022] NSWLEC 95

A gross sum costs order was appropriate because the Applicant's unclear court documents, lack of admissible evidence, and the time taken by interlocutory matters and directions hearings made the Respondents spend significantly more time defending the proceedings; the costs claimed were proportionate to the complexity of the proceedings and issues as identifiable by the Respondents; the Applicant was given an opportunity to oppose the costs application but made no relevant submissions; and making a gross sum order would avoid further expense, delay and aggravation of contested costs assessment while facilitating the just, quick and cheap resolution of the proceedings. The Respondents'...

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Class 4 Costs Application / On the Papers After Substantive Proceedings and Notices of Motion Were Dismissed
Outcome
Gross sum costs order made in favour of the Respondents.
Legal Topics
['lump Sum Costs Order' 'gross Sum Costs Order' 'costs Discretion' 'costs Assessment' 'self Represented Litigant']
['civil Procedure' 'costs' 'land and Environment'] ['lump Sum Costs Order' 'gross Sum Costs Order' 'costs Discretion' 'costs Assessment' 'self Represented Litigant']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 4 Costs Application / On the Papers After Substantive Proceedings and Notices of Motion Were Dismissed

Legal Issues

  1. 1 ['Whether the Respondents should be awarded their costs by a specified gross sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW).' 'Whether a gross sum costs order was fair and reasonable having regard to the relative responsibility of the parties, proportionality between issues litigated and costs claimed, complexity of the proceedings, and the desirability of avoiding contested costs assessment.' "What amount should be ordered as a gross sum for the Respondents' costs."]

Ratio Decidendi

A gross sum costs order was appropriate because the Applicant's unclear court documents, lack of admissible evidence, and the time taken by interlocutory matters and directions hearings made the Respondents spend significantly more time defending the proceedings; the costs claimed were proportionate to the complexity of the proceedings and issues as identifiable by the Respondents; the Applicant was given an opportunity to oppose the costs application but made no relevant submissions; and making a gross sum order would avoid further expense, delay and aggravation of contested costs assessment while facilitating the just, quick and cheap resolution of the proceedings. The Respondents'...

Court Disposition

Gross sum costs order made in favour of the Respondents.

Orders

  • ["In proceedings 2021/181825 and 2021/181839, the Court orders that pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), the Applicant, Mr Rodney Duarte, is to pay the Respondents' costs in the gross sum of $16,887.64."]