Qasim v Bird & Ors (No 3)

The case of Qasim v Bird & Ors (No 3) involved the plaintiff, Qasim, who sought to recover costs from the defendants, Bird and others. The dispute arose from a legal action where the defendants successfully applied for summary disposal under the Supreme Court Act. The plaintiff, having lost the application, applied for costs assessments, but the defendants, in turn, sought a gross sums costs order due to the plaintiff's doubtful ability to pay and the increased costs caused by the plaintiff's conduct. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether a gross sums costs order should be made against the plaintiff. The court needed to consider the plaintiff's financial capacity to meet the costs and the extent to which the plaintiff's conduct contributed to the escalation of costs. The court was also required to balance the plaintiff's right to seek costs against the defendants' right to seek a fair recovery of costs incurred due to the plaintiff's conduct.

The court found that the plaintiff's conduct and approach had indeed increased the costs of the proceedings significantly. The plaintiff's doubtful financial capacity to meet the costs and the unreasonable nature of the plaintiff's conduct justified the making of a gross sums costs order. The court considered the relevant provisions of the Supreme Court Act and case law in determining that a gross sums costs order was appropriate. Consequently, the court made a gross sums costs order against the plaintiff, reflecting the increased costs due to the plaintiff's conduct.

No further orders were made by the court beyond the gross sums costs order against the plaintiff.