The Owners - Strata Plan 84778 v Modern Construction Group Pty Ltd [2021] NSWSC 539

The Owners - Strata Plan 84778 v Modern Construction Group Pty Ltd [2021] NSWSC 539

The gross sums had to be confined to costs attributable to the defendants' notices of motion between 29 March 2021 and 30 April 2021 and reduced to reflect party-party recovery. Applying a broad-brush approach, the first and third defendants' relevant solicitor-client costs of about $40,000 were discounted by 50% to $20,000 and counsel's fees were adjusted to account for work before 29 March 2021, producing a gross sum of $30,000. For the second defendant, relevant solicitor costs of about $24,000 were discounted by 25% to about $18,000 and $10,000 was allowed for senior counsel's fees, producing a gross sum of $28,000.

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Costs Assessment; Determination of Gross Sum Costs Order / On the Papers Following Orders Made on 30 April 2021 on Interlocutory Notices of Motion
Outcome
Defendants' costs specified as gross sums for the purpose of the orders made on 30 April 2021.
Legal Topics
['gross Sum Costs Order' 'party Party Costs' 'costs Payable Forthwith' 'costs of Interlocutory Motions' 'technology & Construction List Statement Amendment']
['civil Procedure' 'costs'] ['gross Sum Costs Order' 'party Party Costs' 'costs Payable Forthwith' 'costs of Interlocutory Motions' 'technology & Construction List Statement Amendment']

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Procedural Posture

Costs Assessment; Determination of Gross Sum Costs Order / On the Papers Following Orders Made on 30 April 2021 on Interlocutory Notices of Motion

Legal Issues

  1. 1 ["What gross sum should be specified for the defendants' costs of their motions to date under s 98(4) of the Civil Procedure Act 2005 (NSW)." "What reductions should be made to actual costs to exclude costs outside the relevant period, costs attributable to the plaintiff's motion, and costs not recoverable on a party-party basis."]

Ratio Decidendi

The gross sums had to be confined to costs attributable to the defendants' notices of motion between 29 March 2021 and 30 April 2021 and reduced to reflect party-party recovery. Applying a broad-brush approach, the first and third defendants' relevant solicitor-client costs of about $40,000 were discounted by 50% to $20,000 and counsel's fees were adjusted to account for work before 29 March 2021, producing a gross sum of $30,000. For the second defendant, relevant solicitor costs of about $24,000 were discounted by 25% to about $18,000 and $10,000 was allowed for senior counsel's fees, producing a gross sum of $28,000.

Court Disposition

Defendants' costs specified as gross sums for the purpose of the orders made on 30 April 2021.

Orders

  • ['For the purpose of orders 4 and 5 made on 30 April 2021, the costs of the first and third defendants be specified as a gross sum of $30,000.' 'For the purpose of orders 4 and 5 made on 30 April 2021, the costs of the second defendant be specified as a gross sum of $28,000.']