Hamod v State of New South Wales (No 13) [2009] NSWSC 756

New South Wales Supreme Court

CITATION : Hamod v State of New South Wales (No 13) [2009] NSWSC 756

HEARING DATE(S) : 19 June 2009

JUDGMENT DATE : 5 August 2009

JUDGMENT OF : Harrison J

1. Order the plaintiffs to pay the first defendants' costs of the proceedings, which I specify as a gross sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 in the amount of $1, 475,765. DECISION : 2. Order the plaintiffs to pay the second defendants' costs of the proceedings, which I specify as a gross sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 in the amount of $1, 614,000. 3. I will hear the parties on whether or not some further or other order or orders of a procedural nature should be made in the circumstances, including the plaintiffs' application for a stay pending an appeal to the Court of Appeal.

CATCHWORDS : COSTS – Civil Procedure Act 2005, s 98(4)(c) – specified gross sum costs order – where defendants successful and uncontroversially entitled to orders for costs of the proceedings – where plaintiffs are impecunious and unlikely to satisfy any costs order – where costs of assessment, estimated to be in the order of $350,000 also unlikely to be recouped – whether defendants entitled to a specified gross sum costs order where plaintiffs contest it and where judicial determination of quantum of costs unlikely to approach the level of detailed inquiry of a costs assessment by a costs assessor – where determination must be judicial – whether Court in a position to make anything more than a "next best guess" – whether opportunity to make a just determination – where evidence in support of the application overwhelming and uncontested – plaintiffs ordered to pay specified gross sum instead of assessed costs