Litigation Fund WCX Pty Ltd v Mitchell (No 5)

WCX Pty Ltd, the applicant, sought a gross sum costs order against the first respondents in the Court of Appeal of the Supreme Court of New South Wales. The dispute concerned the assessment of a gross sum for the first respondents' costs.

The primary legal issue before the Court of Appeal was whether to make a gross sum costs order and, if so, the appropriate amount to be awarded. The court was required to determine if the circumstances warranted departing from the usual basis of party-and-party costs assessment and to fix a lump sum to resolve the costs of the specific notice of motion.

The Court of Appeal reasoned that a gross sum costs order was appropriate in this instance, noting that there was no issue of principle involved in the assessment. The court considered the relevant factors for determining a gross sum and concluded that an award of $24,000.00, inclusive of GST, was fair and reasonable in respect of the first respondents’ costs for the notice of motion filed on 11 March 2025.

Accordingly, the Court of Appeal ordered that the applicant pay the first respondents $24,000.00 (inclusive of GST) in respect of the first respondents’ costs of the notice of motion filed on 11 March 2025.