Lawrence v Sammut (No 4) [2022] NSWSC 1033

Lawrence v Sammut (No 4) [2022] NSWSC 1033

Despite Mr Lawrence's success on the appeal, misconduct and the minimal reduction in disputed costs justified departure from the usual costs order. Under r 42.34 and reg 53, Mr Lawrence was not entitled to a costs order; rather, he was ordered to pay the defendants' costs and a lump sum costs order would be made unless otherwise agreed.

Jurisdiction
Australia
Judgment Date
01 August 2022
Procedural Posture
Appeal of Costs Assessment/review Determination / Judgment Following Appeal and Contested Costs Orders
Outcome
Appeal allowed. Plaintiff to pay defendants' adjusted costs and costs of proceedings; lump sum to be determined by Registrar.
Legal Topics
['costs Following the Event' 'exceptions to General Rule on Costs' 'discretion to Depart From Usual Costs Order' 'costs Assessment Appeals' 'gross Sum Costs Orders' "court's Power to Refer to Registrar"]
['costs' 'civil Procedure'] ['costs Following the Event' 'exceptions to General Rule on Costs' 'discretion to Depart From Usual Costs Order' 'costs Assessment Appeals' 'gross Sum Costs Orders' "court's Power to Refer to Registrar"]

Case Brief

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Procedural Posture

Appeal of Costs Assessment/review Determination / Judgment Following Appeal and Contested Costs Orders

Legal Issues

  1. 1 ['Whether successful party is entitled to a costs order in their favour' 'Whether misconduct disentitles a successful party to costs' 'Whether a lump sum costs order should be made and referred to the Registrar' "Whether plaintiff should pay defendants' costs pursuant to Uniform Civil Procedure Rules and Legal Profession Uniform Law Application Regulation"]

Ratio Decidendi

Despite Mr Lawrence's success on the appeal, misconduct and the minimal reduction in disputed costs justified departure from the usual costs order. Under r 42.34 and reg 53, Mr Lawrence was not entitled to a costs order; rather, he was ordered to pay the defendants' costs and a lump sum costs order would be made unless otherwise agreed.

Court Disposition

Appeal allowed. Plaintiff to pay defendants' adjusted costs and costs of proceedings; lump sum to be determined by Registrar.

Orders

  • ['The report of referee Mr Bartos of 16 August 2021 be adopted under r 20.24 Uniform Civil Procedure Rules 2005 (NSW).' 'The appeal be allowed.' 'Certificate of Determination of Costs (14 September 2020) set aside.' 'Certificate of Determination of Review (25 February 2021) set aside.' 'Judgment of 18 February 2021...