Gabrielle v Abood (No 4)

In *Gabrielle v Abood (No 4)*, the Court of Appeal of New South Wales considered an application by the applicant for a gross costs assessment pursuant to section 98(4)(c) of the *Civil Procedure Act 2005* (NSW). The dispute concerned the costs payable to the second and third respondents.

The primary legal issue before the court was whether the costs associated with seeking a gross sum assessment could themselves be assessed on a gross sum basis. The court was required to determine the appropriate methodology for assessing these costs and the quantum of the assessment.

The court reasoned that section 98(4)(c) of the *Civil Procedure Act 2005* (NSW) permits the assessment of costs in a gross sum, and this power extends to the costs incurred in making the application for such an assessment. Applying this principle, the court applied a discount of 30% to the professional fees of the second and third respondents.

The court ordered that the costs of the second and third respondents be assessed in the gross sum of $14,300.00, which amount was inclusive of the costs of the application for the gross sum costs order.