Mills v Perpetual Trustees Limited (Costs) [2007] NSWDC 341

Mills v Perpetual Trustees Limited (Costs) [2007] NSWDC 341

The appropriate gross amounts of costs payable by the plaintiff to Glad Cleaning Services Pty Ltd and Savills (NSW) Pty Ltd under previous orders are $33,000.00 and $23,000.00 respectively; the plaintiff's former solicitor, Mr Voros, is ordered to pay these amounts and the costs of all parties in connection with this assessment, as costs should be fairly and reasonably determined on a party/party basis under s 98(4)(c) of the Civil Procedure Act 2005.

Parties
Plaintiff: Sandra Ellen Mills; Defendant: Perpetual Trustees Limited; First Respondent: Glad Cleaning Services Pty Ltd; Second Respondent: Savills (NSW) Pty Ltd; Plaintiff's Former Solicitor: Mr Voros; Plaintiff's Former Barrister: Dr Azzi
Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Civil / Costs Assessment
Outcome
Costs determined in gross sum; order for payment by plaintiff's former solicitor.
Legal Topics
Costs, Joinder of Parties, Gross Sum Assessment, Personal Costs Orders
Civil Procedure Costs Joinder of Parties Gross Sum Assessment Personal Costs Orders

Case Brief

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Parties

Sandra Ellen Mills

Plaintiff

Perpetual Trustees Limited

Defendant

Glad Cleaning Services Pty Ltd

First Respondent

Savills (NSW) Pty Ltd

Second Respondent

Mr Voros

Plaintiff's Former Solicitor

Dr Azzi

Plaintiff's Former Barrister

Procedural Posture

Civil / Costs Assessment

Legal Issues

  1. 1 Determination of costs payable by the plaintiff to the respondents
  2. 2 Whether the plaintiff's former solicitor should indemnify the plaintiff for costs
  3. 3 Assessment of costs in gross sum under s 98(4)(c) Civil Procedure Act 2005

Ratio Decidendi

The appropriate gross amounts of costs payable by the plaintiff to Glad Cleaning Services Pty Ltd and Savills (NSW) Pty Ltd under previous orders are $33,000.00 and $23,000.00 respectively; the plaintiff's former solicitor, Mr Voros, is ordered to pay these amounts and the costs of all parties in connection with this assessment, as costs should be fairly and reasonably determined on a party/party basis under s 98(4)(c) of the Civil Procedure Act 2005.

Court Disposition

Costs determined in gross sum; order for payment by plaintiff's former solicitor.

Orders

  • The amount of costs payable by the plaintiff to the respondents is determined in gross sums of $33,000.00 (Glad Cleaning Services Pty Ltd) and $23,000.00 (Savills (NSW) Pty Ltd).
  • The plaintiff's former solicitor is to pay those amounts to the parties forthwith.