Muriniti -v- Lawcover Insurance Pty Limited [2022] NSWSC 1593

Supreme Court New South Wales

Medium Neutral Citation: Muriniti -v- Lawcover Insurance Pty Limited [2022] NSWSC 1593 Hearing dates: 10 November 2022 Decision date: 22 November 2022 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Gross sum costs orders made up to judgment in main proceedings, but not for the costs of the applications for gross sum costs orders – see [120] Catchwords: COSTS – Civil Procedure Act 2005 (NSW) s 98(4)(c) – application by defendants for gross sum costs orders – observations with respect to applications for gross sum costs orders – broad-brush approach can be adopted, but requirement for applicants to place before the Court sufficient material to enable a fair and reasonable assessment – where applicants seek gross sum costs orders for dismissed proceedings and also gross sum costs orders for the application itself – where applicants do not proffer any discount but respondent obtains discounts of 30 or 40 per cent – where applicants do not place the Court in a position to make a fair and reasonable assessment for the costs of the application – HELD – gross sum costs orders made in respect of the dismissed proceedings, but with appropriate discounts – no order as to costs with respect to the application Legislation Cited: Civil Procedure Act 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333 Muriniti v Lawcover Insurance Pty Ltd [2022] NSWSC 90 Newell; Muriniti v De Costi (2018) 97 NSWLR 398 Category: Costs Parties: Plaintiffs: Leonardo Carlo Muriniti – First Plaintiff Robert Duane Newell – Second Plaintiff