Russo & Ors v Russo & Ors (No. 4) [2016] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: Russo & Ors v Russo & Ors (No. 4) [2016] NSWSC 1133 Hearing dates: 16 August 2016 Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Equity Before: Slattery J Decision: Lump sum costs order made. Judgment for the plaintiff against the third defendant for costs in the sum of $345,000.31. Catchwords: COSTS - application for a specified gross sum costs order ("a lump sum costs order") against the third defendant pursuant to Civil Procedure Act, s 98(4)(c) - previous costs orders made against third defendant - lengthy and complex litigation - third defendant is impecunious - whether the Court should make a lump sum costs order - whether the successful party may be disadvantaged by a formal costs assessment. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Cases Cited: Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Harvey v Barton (No 4) [2015] NSWSC 809 Penson v Titan National Pty Ltd (No 3) [2015] NSWCA 121 Russo v Russo [2015] NSWSC 17 Russo v Russo (No. 2) [2015] NSWSC 449 Russo v Russo (No. 3) [2015] NSWSC 1849 Category: Costs Parties: First plaintiff: Angelo Phillip Russo Second plaintiff: Rosemary Russo Third defendant: John Russo Representation: Plaintiffs: David Matthew Farrar, Farrar Lawyers Third defendant: John Russo File Number(s): 2011/280915 Publication restriction: No