NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lin v Commissioner of Victims Rights (Costs) [2024] NSWSC 574 Hearing dates: On the papers Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that Ms Lin pay the Commissioner's costs of these proceedings, fixed at the gross sum of $7,354.96. Catchwords: COSTS – usual costs order – whether discretion to make a specified gross sum costs order should be exercised – principles applicable to order made under Civil Procedure Act s 98(4)(c) – where sum sought had been fairly calculated and a discount had been applied – where assessment likely to be costly, and involve further unnecessary expense, delay and aggravation – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39 Gabrielle v Abood (No 4) [2023] NSWCA 100 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 James v Australia and New Zealand Banking Group Ltd [2017] NSWCA 84 Lin v Commissioner of Victims Rights [2024] NSWSC 423 Category: Costs Parties: Huai Ning Lin (Plaintiff) Commissioner of Victims Rights (First Defendant) NSW Civil and Administrative Tribunal (Second Defendant) Representation: Counsel: E Dunlop (Defendants)
Solicitors: Crown Solicitor's Office (Defendants) File Number(s): 2023/423037 Publication restriction: Nil
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