Naro Investments Pty Limited v Benjamin and Khoury Pty Limited (No 2)

Naro Investments Pty Limited, a plaintiff, filed an application against Benjamin and Khoury Pty Limited, the defendant, seeking a fixed gross sum of costs. The matter was heard in the Supreme Court of New South Wales. The central issue before the court was whether the costs should be quantified and fixed in a gross sum, and if so, how that should be done.

The court addressed the issue by considering the nature of the proceedings and the relevant legal principles. It was noted that the case involved a straightforward dispute over costs, without any underlying principle in dispute. The court found that the appropriate method for fixing costs in such a case was to quantify the costs and then fix them in a gross sum. It was determined that the plaintiff's application for costs to be fixed in a gross sum was appropriate, and the court proceeded to do so. The court also ordered that the costs be payable forthwith, without further delay.

Consequently, the court fixed the costs in the gross sum as sought by the plaintiff. The defendant was ordered to pay the costs immediately, without any further procedural steps. The decision was based on the straightforward nature of the case and the lack of any underlying principle in dispute.