Richards v. Kadian & Ors. (No.2) [2005] NSWCA 373

Richards v. Kadian & Ors. (No.2) [2005] NSWCA 373

The respondent's legally aided status was not relevant to the application because s.42 of the Legal Aid Commission Act 1979 required costs to be dealt with as if the respondent were not legally assisted. The substantial ground that the interlocutory appeal costs were incurred because the principles involved had wider significance, particularly to the appellant's insurer, supported treating the appeal as a separately identified matter and justified ordering that the costs of the appeal be assessable and payable forthwith.

Jurisdiction
Australia
Judgment Date
02 November 2005
Procedural Posture
Procedure Costs Appeal Interlocutory Matter / Application Dealt With on Written Submissions in Chambers After Judgment of the Court of Appeal
Outcome
Application granted in relation to the costs of the appeal.
Legal Topics
['appeal Costs' 'interlocutory Appeal' 'costs Assessable and Payable Forthwith' 'legal Aid and Costs']
['civil Procedure' 'costs'] ['appeal Costs' 'interlocutory Appeal' 'costs Assessable and Payable Forthwith' 'legal Aid and Costs']

Case Brief

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Procedural Posture

Procedure Costs Appeal Interlocutory Matter / Application Dealt With on Written Submissions in Chambers After Judgment of the Court of Appeal

Legal Issues

  1. 1 ['Whether the costs of the appeal should be assessable and payable forthwith.' 'Whether the Court of Appeal should deal with whether costs at first instance should be assessable forthwith after dismissal of the appeal.' "Whether the respondent's legally aided status was relevant to the application for costs to be assessable and payable forthwith."]

Ratio Decidendi

The respondent's legally aided status was not relevant to the application because s.42 of the Legal Aid Commission Act 1979 required costs to be dealt with as if the respondent were not legally assisted. The substantial ground that the interlocutory appeal costs were incurred because the principles involved had wider significance, particularly to the appellant's insurer, supported treating the appeal as a separately identified matter and justified ordering that the costs of the appeal be assessable and payable forthwith.

Court Disposition

Application granted in relation to the costs of the appeal.

Orders

  • ['The costs of the appeal be assessable and payable forthwith.']