Litigation Fund WCX Pty Ltd v Daren Mitchell (No 2)

In the matter of *Litigation Fund WCX Pty Ltd v Daren Mitchell (No 2)*, the applicant, Litigation Fund WCX Pty Ltd, sought orders for costs against the first respondent, Daren Mitchell. The dispute concerned applications for a gross sum costs order under section 98(4)(c) of the *Civil Procedure Act 2005* (NSW) and for indemnity costs, relating to two notices of motion filed by the first respondent. The decision was made by Griffiths AJA.

The court was required to determine whether to grant the first respondent's applications for indemnity costs and a gross sum costs order. Specifically, the court had to consider the circumstances justifying an award of costs on an indemnity basis and the appropriateness of fixing those costs at a specific gross sum, as permitted by the *Civil Procedure Act 2005* (NSW).

Griffiths AJA ordered that Litigation Fund WCX Pty Ltd pay the first respondent's costs of the two notices of motion on an indemnity basis. Furthermore, the court made a gross sum costs order pursuant to section 98(4)(c) of the *Civil Procedure Act 2005* (NSW), entitling the first respondent to a specific total amount of $69,336.33, plus GST. These costs were ordered to be paid forthwith, within 28 days of the order.