Ghosh v Miller (No 4)

The case of Ghosh v Miller (No 4) involved the applicant, Ghosh, seeking an order for costs from the respondent, Miller. The dispute arose out of a motion where Ghosh sought to be granted gross costs for the proceeding. The matter was heard by the Supreme Court of New South Wales. The court was tasked with determining whether the gross costs order sought by Ghosh was appropriate in the circumstances of the case.

The primary legal issue the court had to address was whether the applicant had sufficiently demonstrated that the costs sought were justified. In particular, the court needed to consider whether the circumstances of the case warranted a departure from the usual practice of awarding costs on an indemnity basis. The court also needed to consider whether the gross costs order was proportionate to the relief sought and the complexity of the proceedings.

The court found that the circumstances of the case warranted a gross costs order. Ghosh had demonstrated that the proceedings were protracted and complex, and that Miller's conduct had been unreasonable and vexatious. The court was satisfied that the gross costs order was proportionate to the relief sought and the complexity of the proceedings. The court therefore granted the order sought by Ghosh and made a gross costs order in their favour.