Clarke v Nursing and Midwifery Council Of New South Wales and Ors (No.4)

In *Clarke v Nursing and Midwifery Council Of New South Wales and Ors (No.4)*, the applicant sought orders against the respondents. The third respondent applied for a gross sum costs order after the applicant's amended application against it was summarily dismissed on the grounds that the proceeding lacked a reasonable prospect of success and was frivolous, vexatious, and an abuse of process. The amount sought by the third respondent was less than what would typically be awarded on a standard costs assessment.

The central legal issue before Judge Dowdy was whether to grant the third respondent's application for a gross sum costs order, notwithstanding that the sum sought was less than a standard costs assessment would yield. The court was required to consider the application of the relevant Federal Circuit Court Rules concerning costs.

Judge Dowdy reasoned that the circumstances warranted the making of a gross sum costs order. The court found that the applicant's proceeding against the third respondent had been summarily dismissed, indicating a lack of merit and an abuse of process. In light of this, and the fact that the third respondent sought an amount less than a standard assessment, the court exercised its discretion to make the gross sum costs order as sought by the third respondent.

The court ordered that the applicant pay the third respondent's costs and disbursements in the gross sum of $28,000 within 30 days. The court also certified that the retainer of Counsel by the third respondent was reasonable and granted the applicant leave to apply for leave to appeal the costs orders within a specified timeframe.