Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 3)

In *Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 3)*, the New South Wales Court of Appeal considered an application for costs. Shade Systems Pty Ltd sought a gross sum costs order against Probuild Constructions (Aust) Pty Ltd.

The primary legal issue before the Court of Appeal was whether to grant a gross sum costs order under section 98(4) of the *Civil Procedure Act 2005* (NSW) in circumstances where there was no broader issue of principle involved.

Payne JA determined that a gross sum costs order was appropriate in this instance. The court applied section 98(4) of the *Civil Procedure Act 2005* (NSW), which permits the court to order costs to be paid as a gross sum. This power is to be exercised where it is just and reasonable to do so, and in this case, the court found that such an order was warranted.

The Court of Appeal ordered Probuild Constructions (Aust) Pty Ltd to pay Shade Systems Pty Ltd the costs of two motions filed on 15 February 2018, fixed at a gross sum of $21,000 plus GST.