Legal costs Insights

Multiple defendants and the rule of thumb (The Currabubula Principle)

Shaw v Niru Construction Pty Ltd & Anor (No.3) [2021] NSWDC 624 The phrase "rule of thumb" is derived from an old English law that stated that you couldn't beat your wife with anything wider than your thumb. This is, thankfully (according to Wikipedia, which no lawyer worth their salt ...

COSTS UPDATE: SUCCESSFUL NSW REVIEW APPLICATION YIELDS 86% RECOVERY FOR CLIENT

Background Our instructing solicitor acted for the Defendant in the substantive proceedings seeking judgment for possession of land, as well as leave to issue a Writ of Possession. These proceedings were successfully defended, securing an order for costs on the ordinary basis. We prepared a fully itemised inter partes Bill ...

Caselaw update- Security for Costs and the threshold test

Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337 8 November 2023 The Commonwealth filed a subsequent application for security (having initially obtained security of $500,000), submitting the threshold issue had been satisfied due to the following factors: - Kupang was under administration until 5 May ...
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Costs Assessor insights – Nominal Defendants

Rose Legal Costing has successfully acted on behalf of a law firm in a solicitor/client assessment involving a Nominal Defendant. Costs disclosure was not provided to the client meaning costs had to be assessed on a 'quantum meruit' basis. In addition, submissions were made on behalf of the client that ...

Summary: E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296

Calderbank offers and the indemnity costs order Last week's case of E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296 shows how difficult it can be in securing indemnity costs even where a party has beaten their own Calderbank offer. Key takeaways: When ...
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