Snowy Valleys Council v Evans (No. 2)

The Snowy Valleys Council brought proceedings against the Evans, the owners of land in the council district, in the Supreme Court. The council sought declarations, injunctions, and other relief regarding the use and maintenance of the land. The Evans were successful in the first instance, but the council was successful on appeal. The council then sought a specified gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005. The Evans opposed the application on the basis that the court should not exercise its discretion in this way.

The court was required to consider whether the normal procedures for the assessment of costs may be likely to provide the Evans the opportunity to engage in vexatious conduct. The court noted that the Evans had engaged in vexatious conduct in the past and that the council had incurred significant costs as a result. The court also noted that the Evans had the financial capacity to engage in further vexatious conduct. The court concluded that the normal procedures for the assessment of costs may be likely to provide the Evans the opportunity to engage in vexatious conduct.

The court exercised its discretion under s 98(4)(c) of the Civil Procedure Act 2005 to fix a specified gross sum instead of assessed costs. The court considered the amount of costs incurred by the council, the financial capacity of the Evans, and the need to deter vexatious conduct. The court ordered that the Evans pay a specified gross sum of $150,000 to the council. The court also made an order for security for costs in the amount of $10,000.