Salmon v Albarran (No 2)

In *Salmon v Albarran (No 2)*, the New South Wales Court of Appeal considered an application for a gross sum assessment of costs. The dispute arose from an appeal where the appellant was unsuccessful and was unlikely to be able to meet the costs incurred by the respondents. The respondents sought a gross sum assessment of their costs, arguing that the appellant's conduct had increased the costs of the appeal.

The Court was required to determine whether a gross sum assessment of costs was appropriate in the circumstances and, if so, what amount would be just and reasonable. The Court also had to consider the implications of the appellant's inability to pay the full costs and the impact of the appellant's conduct on the quantum of the costs order.

The Court reasoned that a gross sum assessment was appropriate given the appellant's likely inability to satisfy a standard assessment of costs and the fact that the appellant's conduct had demonstrably increased the costs of the appeal. Applying the principles governing gross sum assessments, the Court considered the factors relevant to determining a fair and reasonable amount, including the complexity of the proceedings and the work undertaken by the respondents' legal representatives. The Court ultimately ordered that the costs of the First, Second, and Fourth to Eighth Respondents be assessed in the amount of $135,000. The Court further ordered that $35,000 held as security for costs be released to the respondents' solicitors for partial discharge of this amount and lifted a previously imposed stay.