COSTS — gross sum costs orders — where plaintiff’s claim an abuse of court process — many repeated proceedings by plaintiff — no issue of principle — gross sum costs orders made
Quick Take
1A gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) is appropriate where proceedings have been summarily dismissed as vexatious and an abuse of process, particularly to avoid subjecting successful defendants to a formal assessment process in which the unsuccessful party is unlikely to participate.
2Where a plaintiff has repeatedly litigated the same claim across multiple proceedings — including appeals to the Court of Appeal and High Court — the disproportionate and meritless nature of the litigation is a factor justifying a gross sum costs order rather than formal assessment.
