Foundas v Arambatzis (Gross Sum Costs Order)

The applicant sought a gross sum costs order under section 98(4)(c) of the *Civil Procedure Act 2005* (NSW) against the first and second respondents. The dispute concerned the costs payable by the first and second applicants to the first respondent, following an order made by the Court of Appeal on 17 September 2024.

The primary legal issue before the Court was whether to fix the costs payable by the applicants to the first respondent in a gross sum, as permitted by section 98(4)(c) of the *Civil Procedure Act 2005* (NSW). This section allows for the assessment of costs in a gross sum in certain circumstances, rather than requiring a detailed itemised assessment.

Kirk JA determined that the costs of the first respondent, which were payable by the first and second applicants, should be fixed in the gross sum of $16,000. This sum is to be paid in the first instance from the first applicant’s share of the net proceeds derived from the sale of the property that was the subject of the proceedings.