Michael Wilson & Partners v Emmott (No 2)

The applicant, Michael Wilson & Partners, sought a gross sum costs order against the respondent, Emmott, pursuant to section 98(4) of the *Civil Procedure Act 2005* (NSW). The dispute concerned the appropriate quantification of costs to be awarded following an application for leave to appeal.

The primary legal issue before the Court of Appeal of New South Wales was whether it was appropriate to make a gross sum costs order under section 98(4) of the *Civil Procedure Act 2005* (NSW) and, if so, how that sum should be quantified.

Ward P and Griffiths AJA determined that a gross sum costs order was appropriate in this instance. The Court reasoned that such an order could be made where it was just and reasonable to do so, considering the circumstances of the case and the costs incurred. The Court then proceeded to quantify the sum to be awarded, taking into account the relevant factors to arrive at a fair and reasonable amount.

The Court ordered that the applicant pay the respondent’s costs of the application for leave to appeal on a gross sum basis in the amount of $9,957.21.