Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 3) [2018] NSWCA 50

Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 3) [2018] NSWCA 50

Given the affidavit evidence, particularly from both parties' solicitors, and in the interests of procedural efficiency and justice, the Court was able to determine, on the materials, an appropriate gross sum representing likely recoverable costs. Accordingly, a gross sum costs order for $21,000 (ex GST) was appropriate under s 98(4) of the Civil Procedure Act 2005 (NSW).

Parties
Applicant: Shade Systems Pty Ltd; Respondent: Probuild Constructions (Aust) Pty Ltd; Second Respondent: Doron Rivlin; Third Respondent: G A Atkins; Fourth Respondent: G T Connellan; Fifth Respondent: J Cooper; Sixth Respondent: L Gardner; Seventh Respondent: S C Harris; Eighth Respondent: M J Huckerby; Ninth Respondent: M J Lee; Tenth Respondent: P McCarthy; Eleventh Respondent: R McKenna; Twelfth Respondent: S G O'Sullivan; Thirteenth Respondent: M A Pitt; Fourteenth Respondent: P W Utiger; Fifteenth Respondent: S Wallace; Sixteenth Respondent: C A Williams
Jurisdiction
Australia
Judgment Date
21 March 2018
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Gross sum costs order made in favour of Shade Systems Pty Ltd.
Legal Topics
Costs, Gross Sum Costs Orders
Civil Procedure Costs Gross Sum Costs Orders

Case Brief

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Parties

Shade Systems Pty Ltd

Applicant

Probuild Constructions (Aust) Pty Ltd

Respondent

Doron Rivlin

Second Respondent

G A Atkins

Third Respondent

G T Connellan

Fourth Respondent

J Cooper

Fifth Respondent

L Gardner

Sixth Respondent

S C Harris

Seventh Respondent

M J Huckerby

Eighth Respondent

M J Lee

Ninth Respondent

P McCarthy

Tenth Respondent

R McKenna

Eleventh Respondent

S G O'Sullivan

Twelfth Respondent

M A Pitt

Thirteenth Respondent

P W Utiger

Fourteenth Respondent

S Wallace

Fifteenth Respondent

C A Williams

Sixteenth Respondent

Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether a gross sum costs order should be made under s 98(4) of the Civil Procedure Act 2005 (NSW)
  2. 2 If so, the appropriate amount of the gross sum costs order

Ratio Decidendi

Given the affidavit evidence, particularly from both parties' solicitors, and in the interests of procedural efficiency and justice, the Court was able to determine, on the materials, an appropriate gross sum representing likely recoverable costs. Accordingly, a gross sum costs order for $21,000 (ex GST) was appropriate under s 98(4) of the Civil Procedure Act 2005 (NSW).

Court Disposition

Gross sum costs order made in favour of Shade Systems Pty Ltd.

Orders

  • Probuild Constructions (Aust) Pty Ltd to pay Shade Systems Pty Ltd costs of the two motions filed on 15 February 2018 a specified gross sum of $21,000 (ex GST) pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW).