Simone Starr-Diamond v Talus Diamond (No. 4) [2013] NSWSC 811

Simone Starr-Diamond v Talus Diamond (No. 4) [2013] NSWSC 811

Given the plaintiff's likely inability to pay assessed costs, the lack of asset sufficiency, and the detailed evidence of the defendant’s costs, it is appropriate and fair to order the plaintiff to pay the defendant a specified gross sum of $294,226.36 in lieu of assessed costs under Civil Procedure Act 2005 s 98(4)(c).

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Costs Application / Post Judgment; Costs Determination
Outcome
Plaintiff ordered to pay defendant a specified gross sum instead of assessed costs.
Legal Topics
['specified Gross Sum Order' 'costs Assessment' 'discretion Under Civil Procedure Act S 98(4)(c)']
['civil Procedure' 'costs'] ['specified Gross Sum Order' 'costs Assessment' 'discretion Under Civil Procedure Act S 98(4)(c)']

Case Brief

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Procedural Posture

Costs Application / Post Judgment; Costs Determination

Legal Issues

  1. 1 ['Whether a specified gross sum order for costs under Civil Procedure Act 2005 s 98(4)(c) is appropriate' 'Determination of the quantum of the specified gross sum']

Ratio Decidendi

Given the plaintiff's likely inability to pay assessed costs, the lack of asset sufficiency, and the detailed evidence of the defendant’s costs, it is appropriate and fair to order the plaintiff to pay the defendant a specified gross sum of $294,226.36 in lieu of assessed costs under Civil Procedure Act 2005 s 98(4)(c).

Court Disposition

Plaintiff ordered to pay defendant a specified gross sum instead of assessed costs.

Orders

  • ['The plaintiff is to pay the defendant a specified gross sum in respect of costs instead of assessed costs in the amount of $294,226.36.']