Wallis v Rudek (No 2) [2020] NSWSC 1876

Wallis v Rudek (No 2) [2020] NSWSC 1876

A gross sum costs order is appropriate where the costs claimed are reasonable, certain items were not charged, and a 10% discount from solicitor/client costs is sufficient to convert the figure to an amount justifiable as party/party costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Costs Application / Determination of Gross Sum Costs Order
Outcome
Order made for gross sum costs in favour of the defendant
Legal Topics
['costs' 'party/party Costs' 'gross Sum Assessment']
['equity'] ['costs' 'party/party Costs' 'gross Sum Assessment']

Case Brief

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Procedural Posture

Costs Application / Determination of Gross Sum Costs Order

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made in favour of the defendant and at what amount']

Ratio Decidendi

A gross sum costs order is appropriate where the costs claimed are reasonable, certain items were not charged, and a 10% discount from solicitor/client costs is sufficient to convert the figure to an amount justifiable as party/party costs on the ordinary basis.

Court Disposition

Order made for gross sum costs in favour of the defendant

Orders

  • ['The defendant is entitled to $25,597.30 as a gross sum instead of assessed costs in respect of the costs ordered by Kunc J on 18 November 2020 and in relation to the defendant’s costs of her motion filed 4 December 2020.']