Seven Network (Operations) Ltd v Dowling (No 3) [2021] NSWSC 1371

Seven Network (Operations) Ltd v Dowling (No 3) [2021] NSWSC 1371

It is appropriate to make a specified gross sum costs order for $152,156.86 in favour of the plaintiffs as the defendant's conduct directly and substantially contributed to the incurring of costs, the material supports the amount sought, no challenge established unreasonableness, and formal assessment would cause unnecessary further expense with little benefit given the defendant is unlikely to pay.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Costs Application After Contempt Finding / Final Disposition of Costs Application
Outcome
Gross sum costs order granted in favour of the plaintiffs.
Legal Topics
['costs' 'gross Sum Costs Order' 'contempt of Court']
['equity'] ['costs' 'gross Sum Costs Order' 'contempt of Court']

Case Brief

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Procedural Posture

Costs Application After Contempt Finding / Final Disposition of Costs Application

Legal Issues

  1. 1 ['Whether it is appropriate to make a specified gross sum (lump sum) costs order instead of assessed costs in the circumstances of the case.']

Ratio Decidendi

It is appropriate to make a specified gross sum costs order for $152,156.86 in favour of the plaintiffs as the defendant's conduct directly and substantially contributed to the incurring of costs, the material supports the amount sought, no challenge established unreasonableness, and formal assessment would cause unnecessary further expense with little benefit given the defendant is unlikely to pay.

Court Disposition

Gross sum costs order granted in favour of the plaintiffs.

Orders

  • ["Order the defendant to pay the plaintiffs' costs of the contempt motion filed on 21 July 2017 in the gross sum of $152,156.86."]