Snowy Valleys Council v Evans & Anor (No. 2) [2021] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: Snowy Valleys Council v Evans & Anor (No. 2) [2021] NSWSC 711 Hearing dates: 17 June 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Equity Before: Slattery J Decision: Specified gross sum costs order made under Civil Procedure Act 2005, s 98(4)(c) in the sum of $30,063.57. Catchwords: COSTS – assessment of costs – specified gross sum costs order – Civil Procedure Act 2005, s 98(4)(c) – the plaintiff, a local council, brings proceedings against an owner of land within the council district – plaintiff council successful against the first defendant land owner – findings made in the first judgment that the normal procedures of an assessment of costs may be likely to provide the first defendant the opportunity to engage in vexatious conduct – whether the Court should exercise its jurisdiction under Civil Procedure Act 2005, s 98(4)(c) to fix a specified gross sum instead of assessed costs. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Personal Property Securities Act 2009 (Cth), s 182(4)(a) Cases Cited: Bahamad v Wong [2020] NSWSC 991 Snowy Valleys Council v Anthony William Evans & Anor [2021] NSWSC 428 Category: Costs Parties: Plaintiff: Snowy Valleys Council First Defendant: Anthony William Evans Second Defendant: Registrar, Personal Properties Securities Representation: Solicitors: Plaintiff: J. Prowse, MCW Lawyers First defendant: In person (no appearance) Second defendant: B. May, Australian Government Solicitor File Number(s): 2020/310527 Publication restriction: No