El-Hanania v Benyamin [2019] NSWSC 1830

El-Hanania v Benyamin [2019] NSWSC 1830

A gross sum costs order was appropriate because the amount in issue was relatively small, the substantive dispute concerned only costs, further costs assessment would be disproportionate and cause delay, and the first defendant's expert costs evidence was unchallenged and assessed the claimed costs as reasonable with appropriate deductions already made. The Court rounded down the assessed amounts because of the nature of a gross sum costs order.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Costs Application / On the Papers; Application for Costs to Be Paid in a Gross Sum Under S 98(4) of the Civil Procedure Act 2005 (nsw)
Outcome
Application granted; gross sum costs orders made in favour of the first defendant.
Legal Topics
['gross Sum Costs Order' 'costs Assessment' 'inter Partes Costs']
['costs'] ['gross Sum Costs Order' 'costs Assessment' 'inter Partes Costs']

Case Brief

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Procedural Posture

Costs Application / On the Papers; Application for Costs to Be Paid in a Gross Sum Under S 98(4) of the Civil Procedure Act 2005 (nsw)

Legal Issues

  1. 1 ['Whether the costs which the plaintiff was ordered to pay the first defendant should be paid in a gross sum under s 98(4) of the Civil Procedure Act 2005 (NSW).' "Whether the costs of the first defendant's gross sum costs application should also be paid in a gross sum."]

Ratio Decidendi

A gross sum costs order was appropriate because the amount in issue was relatively small, the substantive dispute concerned only costs, further costs assessment would be disproportionate and cause delay, and the first defendant's expert costs evidence was unchallenged and assessed the claimed costs as reasonable with appropriate deductions already made. The Court rounded down the assessed amounts because of the nature of a gross sum costs order.

Court Disposition

Application granted; gross sum costs orders made in favour of the first defendant.

Orders

  • ['Order, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), that the costs which the plaintiff was ordered to pay the first defendant be paid in the gross sum of $21,000.' "Order the plaintiff to pay the first defendant's costs of her application under s 98(4) of the Civil Procedure Act 2005 (NSW) in the...