Tam v Super Season Pty Ltd (No.2)

The parties involved in this case are Tam and Super Season Pty Ltd, with the latter being the first and second defendants. The nature of the dispute revolves around an application for gross sum costs orders against the second defendant, which was made by both the plaintiff and the first defendant. This application was brought before the court following a previous indemnity costs order that had been made against the second defendant. The court was required to determine whether it was appropriate to make a gross sum costs order in this case, especially since the second defendant did not oppose the making of such an order but sought a discount on the claimed costs.

The primary legal issue that the court had to address was whether it was appropriate to make a gross sum costs order against the second defendant. Given that an indemnity costs order had already been made against the second defendant, the court needed to consider the implications of making a gross sum costs order in this context. Additionally, the court had to consider the second defendant's request for a discount on the claimed costs, despite not opposing the making of a gross sum costs order.

In reaching its decision, the court found that it was appropriate to make a gross sum costs order against the second defendant. The court acknowledged the previous indemnity costs order but determined that the circumstances warranted a gross sum costs order. The court also considered the second defendant's request for a discount on the claimed costs but ultimately decided not to apply any discount. Consequently, the court made a gross sum costs order against the second defendant for the claimed costs. Furthermore, the court made an order against the second defendant for the costs of the motion seeking the gross sum costs order.