Vella v Nergl Developments Pty Ltd (No. 5)

Vella brought proceedings against Nergl Developments Pty Ltd in the Supreme Court of Queensland. The dispute related to the development of rural land into allotments. Despite previous court orders for the removal of caveats and the execution of conveyancing documents, these had not been complied with. Vella applied to enforce the existing orders and to determine what further enforcement measures should be taken.

The court had to decide whether it should grant specified gross sum orders instead of assessed costs due to the lengthy and contentious nature of the proceedings, which had resulted in five judgments from the trial judge and one appellate decision. Additionally, two costs assessments had been made, and both were still ongoing. The court also needed to consider whether non-compliance with the orders and the desirability of concluding the proceedings justified the imposition of a specified gross sum order to reduce further contention.

The court held that the circumstances of the case warranted the imposition of a specified gross sum order rather than continuing with assessed costs. The long-standing and complex nature of the dispute, the non-compliance with previous orders, and the need to bring the proceedings to a close were all factors that supported this decision. The court also noted the commercial nature of the dispute and the benefit of reducing the potential for further contention over costs.

The final orders included a specified gross sum order in lieu of assessed costs, with specific amounts allocated for each party's costs. This decision aimed to conclude the litigation efficiently and reduce the potential for ongoing disputes over costs.