Bahamad v Wong [2020] NSWSC 991

Bahamad v Wong [2020] NSWSC 991

Having regard to the case's complexity, detailed bills, reasonable conduct, and relevant discounts, a further 10% global discount is applied. Plaintiffs are ordered to pay defendants a specified gross sum of $187,860.63 instead of assessed costs for all relevant periods. Plaintiffs claim for own costs and deeper discounts rejected; defendants' costs for all hearing days awarded with appropriate discounts.

Jurisdiction
Australia
Judgment Date
03 August 2020
Procedural Posture
Civil Action (easement Application) / Post Settlement Costs Determination
Outcome
specified gross sum costs order in favour of defendants
Legal Topics
['specified Gross Sum Costs Orders' 'easements' 'costs Assessment' 'conveyancing Act S88 K Costs']
['civil Procedure' 'property Law' 'equity'] ['specified Gross Sum Costs Orders' 'easements' 'costs Assessment' 'conveyancing Act S88 K Costs']

Case Brief

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Procedural Posture

Civil Action (easement Application) / Post Settlement Costs Determination

Legal Issues

  1. 1 ['What is the appropriate specified gross sum order for costs in proceedings under Conveyancing Act 1919 s88K?' 'Should costs be awarded for the second and third hearing days?' 'What discounts are proper in calculating a gross sum costs order?']

Ratio Decidendi

Having regard to the case's complexity, detailed bills, reasonable conduct, and relevant discounts, a further 10% global discount is applied. Plaintiffs are ordered to pay defendants a specified gross sum of $187,860.63 instead of assessed costs for all relevant periods. Plaintiffs claim for own costs and deeper discounts rejected; defendants' costs for all hearing days awarded with appropriate discounts.

Court Disposition

specified gross sum costs order in favour of defendants

Orders

  • ['Plaintiffs pay defendants a specified gross sum of $187,860.63 instead of assessed costs.' 'No costs order in respect of arguments concerning specified gross sum costs order.']