Otta International Pty Limited v Asia Pacific Carbon Pte Ltd (No 2)

The case involved Otta International Pty Limited, the plaintiff, and Asia Pacific Carbon Pte Ltd, the defendant, in a matter concerning a dispute over a contract for the supply of carbon credits. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought an order for costs under section 98(4) of the Civil Procedure Act 2005 (NSW), seeking a gross sum order due to the unrepresented status of the plaintiff after their legal representatives withdrew because of unpaid costs.

The court was required to determine whether the plaintiff had provided sufficient material for the court to assess the reasonableness of the costs claimed and whether the plaintiff's decision to remain unrepresented was influenced by the costs issue. Additionally, the court needed to assess the reasonableness of the costs claimed by the plaintiff and whether the plaintiff's status as unrepresented warranted a gross sum order.

The court found that the plaintiff had provided sufficient material for the court to determine an appropriate sum for the costs. The plaintiff had been legally represented throughout the proceedings but chose to remain unrepresented due to the costs incurred. The court assessed the reasonableness of the costs claimed, considering the complexity of the matter and the amount of work undertaken by the plaintiff's former legal representatives. The court concluded that the costs claimed were reasonable and that the plaintiff's decision to remain unrepresented was influenced by the costs issue. As a result, the court made a gross sum order in favour of the plaintiff.