Suzana Gusavac v Quang Phuc Ngo (No 2)
Case
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[2018] NSWDC 143
•17 April 2018
Details
AGLC
Case
Decision Date
Suzana Gusavac v Quang Phuc Ngo (No 2) [2018] NSWDC 143
[2018] NSWDC 143
17 April 2018
CaseChat Overview and Summary
Suzana Gusavac and Quang Phuc Ngo were involved in a legal dispute, which was heard by the Supreme Court of Victoria. The plaintiff, Ms Gusavac, sought a range of orders and remedies in relation to an alleged contravention of the Strata Titles Act 1985. The defendant, Mr Ngo, resisted the plaintiff’s claims and sought an order for the plaintiff to pay his costs. The court was required to determine whether the plaintiff was entitled to the orders sought, and if so, whether the defendant should be ordered to pay the plaintiff’s costs.
The court considered the evidence and arguments presented by both parties and concluded that the plaintiff was not entitled to the orders sought. The court found that the plaintiff had not provided sufficient evidence to support her claims, and that the defendant had acted reasonably and in accordance with the law. The court also found that the plaintiff’s claims were without merit and that the defendant was entitled to an order for costs. The court made an order for the defendant’s costs in the sum of $3,246.17.
The court further considered the appropriate quantum of costs to be awarded to the defendant. The court noted that the plaintiff had not provided any evidence to support her claims, and that the defendant had been forced to incur significant costs in defending the proceedings. The court also noted that the plaintiff had been ordered to pay the defendant’s costs in a previous proceeding between the parties. The court made a lump sum costs order pursuant to s98(4)(c) of the Civil Procedure Act in the sum of $7,130.72. The court also made an order that the plaintiff pay the defendant’s costs in the sum of $3,246.17. The court also vacated the hearing of the defendant’s Notice of Motion regarding costs set for Friday 20 April 2018.
The court considered the evidence and arguments presented by both parties and concluded that the plaintiff was not entitled to the orders sought. The court found that the plaintiff had not provided sufficient evidence to support her claims, and that the defendant had acted reasonably and in accordance with the law. The court also found that the plaintiff’s claims were without merit and that the defendant was entitled to an order for costs. The court made an order for the defendant’s costs in the sum of $3,246.17.
The court further considered the appropriate quantum of costs to be awarded to the defendant. The court noted that the plaintiff had not provided any evidence to support her claims, and that the defendant had been forced to incur significant costs in defending the proceedings. The court also noted that the plaintiff had been ordered to pay the defendant’s costs in a previous proceeding between the parties. The court made a lump sum costs order pursuant to s98(4)(c) of the Civil Procedure Act in the sum of $7,130.72. The court also made an order that the plaintiff pay the defendant’s costs in the sum of $3,246.17. The court also vacated the hearing of the defendant’s Notice of Motion regarding costs set for Friday 20 April 2018.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Costs
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Lump Sum Costs Order
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Offset of Judgment
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