Spencer v Coshott (No 2)

In *Spencer v Coshott (No 2)*, the applicant, Keith Spencer, sought orders for gross sum costs against the respondent, Ronald Coshott, following earlier proceedings. The dispute concerned the quantum of costs to be awarded in respect of a statutory appeal to the District Court and judicial review proceedings in the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the administration of justice would be served by ordering costs in a gross sum, rather than on a party-and-party basis, in the circumstances of the case. This involved considering the principles governing the award of gross sum costs under s 98(4) of the *Civil Procedure Act 2005* (NSW).

The Court of Appeal determined that the administration of justice would be served by ordering gross sum costs. This conclusion was reached by considering the overall conduct of the litigation and the need to bring the proceedings to a final and conclusive end. The court applied the principles that gross sum costs are an exception to the usual rule and are awarded where it is just and equitable to do so, often to reflect the overall benefit of resolving complex or protracted litigation.

Consequently, the Court of Appeal ordered that the respondent pay to the applicant costs in the gross sum of $23,392.78 in relation to the statutory appeal, $22,395.07 in relation to the judicial review proceedings, and $3,002.48 in relation to the application for gross sum costs.