Amirbeaggi v EB (No 2)

This matter concerned an application by the respondents for a gross sum costs order in the Supreme Court of New South Wales, Court of Appeal. The applicant, Amirbeaggi, had previously been ordered to pay the respondents' costs of the proceedings in the Court of Appeal, to be assessed. The respondents sought to vary this order by seeking a gross sum of $33,000 in lieu of a detailed assessment.

The primary legal issue before the Court of Appeal was whether it had the power to make a gross sum costs order in substitution for an order for costs to be assessed, and if so, what factors should be considered in exercising that discretion. The respondents contended that such an order was appropriate given the disproportionate amount of the costs claimed relative to the amount in issue in the original proceedings, and the history of disputatious conduct by the applicant.

The Court of Appeal considered the principles governing the award of costs, including the court's broad discretion under the Uniform Civil Procedure Rules 2005 (NSW). It noted that while costs are generally assessed on a party-and-party basis, a court may order a gross sum in lieu of assessment where it is just and reasonable to do so. The Court took into account the nature of the evidence provided by the respondents in support of their application, which included details of the costs incurred and the reasons for seeking a gross sum order.

The Court of Appeal made additional orders, directing that the applicant pay the respondents the sum of $33,000 for the costs of the proceedings in the Court of Appeal, in satisfaction of the earlier costs order. The respondents' amended notice of motion seeking this gross sum order was otherwise dismissed.