Slater & Gordon Ltd v De Vos [2011] NSWSC 1215

Slater & Gordon Ltd v De Vos [2011] NSWSC 1215

The plaintiff's open offer to accept $6,000 was reasonable because its incurred costs were approximately $12,300, and even after excluding a possible pre-summons amount and applying a 75% costs assessment reduction, the recoverable amount would be about $8,250, exceeding the plaintiff's offer. Slater & Gordon Ltd had no alternative but to bring the application because of the lack of agreement among the executors about the estate.

Jurisdiction
Australia
Judgment Date
16 September 2011
Procedural Posture
Application by the Plaintiff to Pay Moneys Held by It Into Court and for Costs of the Application / Ex Tempore Judgment in the Equity Division Duty List
Outcome
The Court fixed the plaintiff's costs of the application at $6,000 and ordered that amount be paid to Slater & Gordon Ltd out of the fund it held.
Legal Topics
['payment of Moneys Into Court' 'fixing Costs' 'open Offer as to Costs']
['practice and Procedure' 'costs'] ['payment of Moneys Into Court' 'fixing Costs' 'open Offer as to Costs']

Case Brief

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Procedural Posture

Application by the Plaintiff to Pay Moneys Held by It Into Court and for Costs of the Application / Ex Tempore Judgment in the Equity Division Duty List

Legal Issues

  1. 1 ['Whether Slater & Gordon Ltd should have its costs of bringing the application to pay moneys held by it into Court.' "What amount of costs should be fixed for Slater & Gordon Ltd, in light of its open offer to accept $6,000 and the third defendant's open offer to pay $3,000."]

Ratio Decidendi

The plaintiff's open offer to accept $6,000 was reasonable because its incurred costs were approximately $12,300, and even after excluding a possible pre-summons amount and applying a 75% costs assessment reduction, the recoverable amount would be about $8,250, exceeding the plaintiff's offer. Slater & Gordon Ltd had no alternative but to bring the application because of the lack of agreement among the executors about the estate.

Court Disposition

The Court fixed the plaintiff's costs of the application at $6,000 and ordered that amount be paid to Slater & Gordon Ltd out of the fund it held.

Orders

  • ['$6,000 be paid to Slater & Gordon Ltd out of the fund which it currently holds.' 'Orders made in accordance with the short minutes of order initialled by the judge and dated 16 September 2011.' 'It is noted on the orders that Louis De Vos and Denise De Vos do not concede that the trust account amount is accurate.']