In the matter of Mosman & Co Pty Limited

Mosman & Co Pty Limited sought a gross sum costs order from the Supreme Court of New South Wales following unsuccessful attempts to enforce a judgment against a debtor and subsequent garnishee orders. The plaintiff argued that the legal fees and disbursements incurred in these processes were reasonable and proportionate, warranting a costs order under section 98(4)(c) of the Civil Procedure Act 2005. The court had to determine whether the costs claimed were reasonable and proportionate, and whether the discount applied to these costs appropriately reflected the costs order in the principal judgment.

The court examined the nature and complexity of the enforcement actions taken, as well as the necessity and reasonableness of the legal fees and disbursements incurred. It considered the precedent set by earlier cases, particularly in relation to the appropriate discount to be applied to the costs. The plaintiff's efforts to enforce the judgment, including the use of garnishee orders, were deemed necessary and proportionate given the circumstances. The court found that the legal fees and disbursements were reasonable and that the discount applied to these costs was appropriate. The plaintiff's application for a gross sum costs order was successful.

The court ordered that the plaintiff be awarded the costs claimed, subject to the discount previously applied in the principal judgment. The costs were to be paid on a party and party basis, aligning with the orders made in the original proceedings. This decision provided clarity on the application of costs orders in enforcement actions and reinforced the importance of proportionality and reasonableness in such matters.