Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357

The plaintiff failed to displace the general rule that costs follow the event; the defendants, as the successful parties, should have their costs. Due to the likelihood that a costs assessment would be fruitless and given the circumstances, a gross sum order is appropriate.

Parties: Plaintiff: Sharmain Daisy Clarke; First Defendant: South East Sydney Local Health District; Second Defendant: Julie Herrick
Jurisdiction: Australia
Judgment Date: 21 March 2018
Procedural Posture: Costs Application / Post Judgment
Outcome: Plaintiff ordered to pay the defendants' costs; costs ordered in the gross sum of $10,000.
Legal Topics: Costs, Gross Sum Costs Orders

Civil Procedure Costs Gross Sum Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Sharmain Daisy Clarke

Plaintiff

South East Sydney Local Health District

First Defendant

Julie Herrick

Second Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

1 Whether costs should be ordered against the plaintiff
2 Whether costs should be ordered in a gross sum

Ratio Decidendi

Court Disposition

Plaintiff ordered to pay the defendants' costs; costs ordered in the gross sum of $10,000.

Orders

Order the plaintiff to pay the defendants' costs of the proceedings.
Order, pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), that the costs ordered to be paid be paid in the gross sum of $10,000.