Manariti Plumbing Pty Ltd v Universal Property Group Pty Ltd (No 2)

Manariti Plumbing Pty Ltd (the appellant) sought a gross sum costs order against Universal Property Group Pty Ltd (the respondent) in relation to proceedings before the Court of Appeal of the Supreme Court of Victoria. The appellant's application was made by notice of motion filed on 3 July 2025.

The central legal issue before the Court of Appeal was whether the appellant had provided sufficient justification for the court to be satisfied as to the quantum of a gross sum costs order. Specifically, the court considered the appropriateness of awarding gross sum costs in respect of the proceedings below.

The Court of Appeal reasoned that a firm foundation was required for it to be satisfied as to the quantum of any gross sum costs order. The court found that the appellant had not established such a foundation, and therefore, the application for a gross sum costs order was inappropriate in this instance.

Consequently, the Court of Appeal dismissed the appellant's notice of motion and ordered that the appellant pay the respondent's costs of the notice of motion.