Event and Time
Event Description
- This case involves an application for costs made by the defendant under section 98(4)(c) of the Civil Procedure Act 2005 (NSW) following the summary dismissal of the plaintiff's claim in the case Sethi v The Owners – Strata Plan No 93392 (No 6) [2023] NSWSC 1368.
Application and Claims
- The defendant sought a gross sum costs order claiming that the conduct of the plaintiff had significantly increased the costs and disbursements incurred by the defendant throughout the course of the proceedings.
Judicial Decisions
- The court ruled in favor of the defendant, ordering the plaintiff to pay a total of $213,000.00 in costs arising from the proceedings, based on the defendant’s substantive claims for costs and disbursements detailed in the motion.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- The plaintiff denied responsibility for the high costs, arguing that the defendant's actions contributed to the escalation of legal fees. - Claims were made to recuse the judge and set aside prior orders, which were unsuccessful.
- Defendant's Position:
- The defendant contended that the plaintiff's conduct (e.g., filing multiple motions, excessive correspondence, and unsubstantiated allegations) led directly to an increase in legal costs. - An affidavit by the defendant's solicitor detailed the costs incurred, justifying the request for a gross sum costs order.
Ruling and Impact
Ruling Result
- The court ordered the plaintiff to pay the defendant a gross sum of $213,000.00 for legal costs, derived from assessments including a 10% discount on professional fees (90% recoverable) while allowing 100% of the disbursements.