Cappello v Transport for New South Wales (No 2) [2023] NSWDC 84

District Court New South Wales

Medium Neutral Citation: Cappello v Transport for New South Wales (No 2) [2023] NSWDC 84 Hearing dates: On the papers Date of orders: 27 March 2023 Decision date: 27 March 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Pursuant to s 98 of the Civil Procedure Act 2005 (NSW), the plaintiffs are to pay the defendant's costs by way of a gross sum costs order, namely $5,069.20 for professional costs together with $12,366.67 for counsel's fees, making a total of $17,435.87. (2) Stay these orders until 5pm on 30 March 2023. Catchwords: COSTS — Party/Party — Bases of quantification — Factors relevant to the court's discretion when quantifying costs – Application for gross sum costs order Legislation Cited: Civil Procedure Act 2005, s 98 Cases Cited: Bell v Hartnett Lawyers (No.2) [2021] NSWSC 1270 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Cappello v Homebuilding Pty Ltd (No.2) [2023] NSWDC 54 Cappello v Transport for New South Wales [2022] NSWDC 730 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284 Hancock v Rinehart (Lump Sum Costs) [2015] NSWSC 1640 Harrison and Another v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 In the matter of Palladium Consulting Pty Ltd [2013] NSWSC 92 Category: Costs Parties: Rosario Capello and Maria Capello (plaintiffs) Transport for New South Wales (defendant) Representation: Counsel: Ms M Castle (defendant)