Michael Wilson & Partners Ltd as the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited v Emmott - Gross Sum Costs Order

The case involved Michael Wilson & Partners Ltd, the assignee of Robert Colin Nicholls & Temujin International Limited (as trustee of Temujin International (trading) Trust) & Temujin Services Limited, who brought proceedings against Emmott. The dispute was related to the determination of costs under the Civil Procedure Act 2005, specifically section 98(4)(c), which allows the court to set a specific gross sum instead of assessed costs. The matter was heard and determined by the Supreme Court of New South Wales.

The primary legal issue before the court was the appropriate method for determining a gross sum of costs when the proposed figures by the defendant and the plaintiff differed only marginally. The court had to decide whether to accept the defendant's proposed figure, the plaintiff's proposed figure, or an amount in between. The court was also required to consider the relevance of the minor differences between the two proposed amounts.

The court deliberated on the submissions from both parties, considering the minor discrepancy between the defendant's proposed figure and the plaintiff's proposed figure. The court noted that the difference was so slight that it would not be proportionate to expend further resources on resolving this issue. Accordingly, the court decided to order the defendant to pay the plaintiff's proposed amount, rounded down to the nearest hundred dollars. This decision was made in the interest of fairness and efficiency, given the negligible difference between the two proposed figures.

The final order of the court was that Emmott was to pay Michael Wilson & Partners Ltd, as the assignee, the amount of $10,400. This amount was derived from rounding down the plaintiff's proposed figure to the nearest hundred dollars.