Gabrielle v Abood (No 4) [2023] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gabrielle v Abood (No 4) [2023] NSWCA 100 Hearing dates: On the papers (papers finalised 5 May 2023) Date of orders: 18 May 2023 Decision date: 18 May 2023 Before: Bell CJ; Kirk JA; Adamson JA at [1] Decision: The costs of the second and third respondents are assessed, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), in the gross sum of $14,300.00 (which amount includes the costs of applying for this gross sum costs order). Catchwords: CIVIL PROCEDURE – Costs orders – Applicant seeking gross costs assessment pursuant to section 98(4)(c) of the Civil Procedure Act 2005 (NSW) – Costs of seeking a gross sum assessment can also be assessed on a gross sum basis – Discount of 30% applied to professional fees – Assessed gross sum of $14,300.00 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58, 98(4)(c) Conveyancing Act 1919 (NSW), s 66G Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Gabrielle v Abood (No 3) [2023] NSWCA 29 Hamod v New South Wales [2011] NSWCA 375 Category: Consequential orders Parties: Chakib Carlo Gabrielle (Applicant) Rima Abood (First Respondent) Sean Magnus Wengel (Second Respondent) Michael Craig Brereton (Third Respondent) Representation: Advocates: D Radman, solicitor (Second and Third Respondents)

Solicitors: Grace Lawyers (Second and Third Respondents) File Number(s): 2022/228004 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2022] NSWSC 912 Date of Decision: 8 July 2022 Before: Hammerschlag CJ in Eq File Number(s): 2021/233613