Sayed v National Australia Bank Limited

The applicant, Sayed, and the respondent, National Australia Bank Limited, were parties to proceedings before Emmett AJA. The dispute concerned the respondent's entitlement to costs, which were to be fixed on a gross sum basis.

The central legal issue before the court was the exercise of its discretion regarding the quantum of costs to be awarded to the respondent. Specifically, the court was required to determine an appropriate gross sum to represent the respondent's costs for the Summons filed on 15 August 2019 and the Notice of Motion filed on 19 August 2020.

Emmett AJA exercised the court's discretion to fix the costs in a gross sum. The court ordered that the respondent's costs of the specified Summons and Notice of Motion be paid by the applicant in the gross sum of $118,000.