Amirbeaggi v EB (No 2) [2023] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amirbeaggi v EB (No 2) [2023] NSWCA 184 Hearing dates: On the papers Date of orders: 10 August 2023 Decision date: 10 August 2023 Before: Kirk JA; Simpson AJA; Basten AJA Decision: The Court makes the following additional orders: (3) Order that the applicant pay the respondents a sum of $33,000 for the costs of the proceedings in this Court, in satisfaction of order (2) made on 25 May 2023. (4) Otherwise dismiss the amended notice of motion filed by the respondents and dated 26 June 2023. Catchwords: PRACTICE AND PROCEDURE – costs – application by party entitled to costs under judgment for gross sum costs order – whether variation of order in judgment – power to specify gross sum in place of costs to be assessed – factors to be considered – amount in issue disproportionate to costs incurred – history of disputatious conduct – nature of evidence to support application Legislation Cited: Civil Procedure Act 2005 (NSW), ss 59, 60, 98 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Amirbeaggi v EB [2023] NSWCA 108 Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863 Hamod v State of New South Wales [2011] NSWCA 375 Short v Crawley (No 45) [2013] NSWSC 1541 Category: Costs Parties: Farshad Amirbeaggi (Applicant) EB (First Respondent) SB (Second Respondent) RB (Third Respondent) District Court (Fourth Respondent, submitting) Representation: Counsel: B K Nolan (Applicant) B Tronson / J Rogers (First to Third Respondents)