MXS2 v Georges River Grammar School formerly known as St Paul's Choir School [2024] NSWSC 893

Supreme Court New South Wales

Medium Neutral Citation: MXS2 v Georges River Grammar School formerly known as St Paul's Choir School [2024] NSWSC 893 Hearing dates: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Common Law Before: Faulkner J Decision: (1) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005, the Plaintiff to pay the Defendant the specified gross sum of $103,576.41 instead of assessed costs. (2) The Plaintiff to pay the Defendant's costs of this application in the specified gross sum of $21,400.50. Catchwords: COSTS — Costs assessment — specified gross sum costs order – Civil Procedure Act, s 98(4)(c) – specified gross sum costs order made – application for assessed costs rejected — discount applied. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 67, 98 Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5 Legal Profession Uniform Law 2014 (NSW) s 172(1) Uniform Civil Procedure Rules 2005 (NSW) rr 2.1, 36.16(3) Vexatious Proceedings Act 2008 (NSW) s 8 Cases Cited: Bechara (trading as Bechara and Co) v Bates [2016] NSWCA 294 Harrison v Schipp (2002) 54 NSWLR at 742-743; [2002] 738 NSWCA 213 Short v Crawley (No. 45) [2013] NSWSC 1541 Category: Costs Parties: MXS2 (Plaintiff) Georges River Grammar School formerly known as St Paul's Choir School (Defendant) Representation: Counsel: MXS2 (Plaintiff) J Sleight (Defendant)

Solicitors: MXS2 (Plaintiff) Thompson Cooper Lawyers Pty Ltd (Defendant) File Number(s): 2022/00152475