Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd

In the case of Stoddart (NSW) Pty Ltd v Kellyville Building Pty Ltd, the dispute revolved around a specified gross sum costs order in the context of resolved proceedings. The proceedings between the parties were settled by mutual consent, and a costs order was previously made. However, further costs arose which were not included in the initial assessment. The court was tasked with determining whether it should make a new specified gross sum costs order in relation to these additional costs.

The court considered the nature of the additional costs and the fact that they arose from proceedings which had already been settled. The court examined the principle of proportionality and whether the additional costs were reasonably incurred. It was noted that the initial costs order had been based on an assessment of the costs incurred up to the point of settlement, and the new costs were not part of that assessment. The court concluded that, given the circumstances, it was appropriate to make a new specified gross sum costs order for the additional costs.

The court found that the additional costs were reasonably incurred and proportionate to the work done. It considered the nature of the further proceedings and the efforts made by both parties. The court made a specified gross sum costs order in relation to the additional costs, ensuring that the order was fair and reasonable given the circumstances. The total costs order was thus adjusted to include these additional costs, reflecting the work undertaken and the resolution of the dispute.