Transport for NSW v Boensch (No 3) [2024] NSWSC 112

Transport for NSW v Boensch (No 3) [2024] NSWSC 112

TfNSW, having achieved substantial success on both the Dismissal Motion and Notice to Produce Motion, is entitled to its costs of those motions; costs are to be awarded as a gross sum to avoid irrecoverable assessment expense, but in the absence of exceptional factors, are not payable forthwith and will be payable at the conclusion of the proceedings.

Jurisdiction
Australia
Judgment Date
15 February 2024
Procedural Posture
Interlocutory Application—costs Determination / Post Interlocutory, Costs Following Earlier Judgment
Outcome
Costs awarded to plaintiff as a gross sum, payable at the conclusion of proceedings; motion to vary principal judgment refused.
Legal Topics
['costs Payable Forthwith' 'gross Sum Costs' 'costs Following the Event' 'discretionary Costs Orders' 'amending or Varying Judgments']
['civil Procedure' 'costs'] ['costs Payable Forthwith' 'gross Sum Costs' 'costs Following the Event' 'discretionary Costs Orders' 'amending or Varying Judgments']

Case Brief

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Procedural Posture

Interlocutory Application—costs Determination / Post Interlocutory, Costs Following Earlier Judgment

Legal Issues

  1. 1 ['Whether costs of interlocutory applications should be payable forthwith or at the end of proceedings' 'Whether costs should be awarded as a gross sum rather than assessed' 'Whether principal judgment should be varied due to a late notice of intention to appeal']

Ratio Decidendi

TfNSW, having achieved substantial success on both the Dismissal Motion and Notice to Produce Motion, is entitled to its costs of those motions; costs are to be awarded as a gross sum to avoid irrecoverable assessment expense, but in the absence of exceptional factors, are not payable forthwith and will be payable at the conclusion of the proceedings.

Court Disposition

Costs awarded to plaintiff as a gross sum, payable at the conclusion of proceedings; motion to vary principal judgment refused.

Orders

  • ['Order that the first defendant pay the costs of the plaintiff in relation to the notices of motion filed 26 May 2023 and 14 July 2023.' 'Order pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) that the plaintiff is to be paid the specified gross sum in the amount of $56,550.30 in respect of those costs.']