Romani v State of New South Wales (No 2) [2023] NSWSC 1044

Romani v State of New South Wales (No 2) [2023] NSWSC 1044

It was not appropriate to issue a gross sum costs order due to confusion over prior costs orders and absence of clear, compelling circumstances; since no set-off of costs against the judgment sum was warranted on public interest and fairness grounds, and a stay of execution was unnecessary.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 August 2023
Procedural Posture
Notice of Motion / Costs Determination Post Judgment
Outcome
The notice of motion filed by the defendant on 12 May 2023 is dismissed; the defendant is to pay the plaintiffs' costs of and incidental to the motion.
Legal Topics
['costs' 'stay of Execution' 'set Off' 'gross Sum Costs Order']
['civil Procedure'] ['costs' 'stay of Execution' 'set Off' 'gross Sum Costs Order']

Source-derived case record

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Procedural Posture

Notice of Motion / Costs Determination Post Judgment

Legal Issues

  1. 1 ['Whether the court should make a gross sum costs order in favour of the defendant for prior notices of motion' 'Whether the court should set off costs awarded in favour of the defendant against the judgment sum awarded to the first plaintiff' 'Whether a stay of execution should be granted on the judgment debt pending determination of costs set-off']

Ratio Decidendi

It was not appropriate to issue a gross sum costs order due to confusion over prior costs orders and absence of clear, compelling circumstances; since no set-off of costs against the judgment sum was warranted on public interest and fairness grounds, and a stay of execution was unnecessary.

Court Disposition

The notice of motion filed by the defendant on 12 May 2023 is dismissed; the defendant is to pay the plaintiffs' costs of and incidental to the motion.

Orders

  • ["The defendant's notice of motion filed on 12 May 2023 is dismissed." "The defendant is to pay the plaintiffs' costs of and incidental to the motion."]