Village Life Ltd v Hanne [2008] NSWDC 291

Village Life Ltd v Hanne [2008] NSWDC 291

The costs assessor lacked power to limit the assessment to costs thrown away. The court, not the assessor, determines under s 98 of the Civil Procedure Act 2005 the basis and extent to which costs are to be paid, and the assessor's role is to quantify the costs payable as a result of that order. Section 364(2) of the Legal Profession Act 2004 must be read accordingly, and its reference to the outcome of the matter concerns the proceedings subject to the assessment, not other proceedings between the parties such as proposed Federal Court proceedings.

Jurisdiction
Australia
Judgment Date
03 December 2008
Procedural Posture
Civil Appeal From Costs Assessor / Appeal Pursuant to S 384(1) of the Legal Profession Act 2004; Decision Remitted to Costs Assessor for Re Determination
Outcome
Decision remitted to the costs assessor for re-determination of the application.
Legal Topics
['appeals From Costs Assessor' 'assessment of Ordinary Costs' 'costs Thrown Away' "costs Assessor's Discretion" 'discontinuance of Proceedings']
['civil Procedure' 'costs' 'legal Profession'] ['appeals From Costs Assessor' 'assessment of Ordinary Costs' 'costs Thrown Away' "costs Assessor's Discretion" 'discontinuance of Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Appeal From Costs Assessor / Appeal Pursuant to S 384(1) of the Legal Profession Act 2004; Decision Remitted to Costs Assessor for Re Determination

Legal Issues

  1. 1 ['Whether the costs assessor erred in law by disallowing ordinary costs and limiting the assessment to costs thrown away.' "The extent of a costs assessor's discretion under s 364 of the Legal Profession Act 2004." 'Whether a costs assessor may take into account proposed Federal Court proceedings when assessing costs ordered in discontinued Supreme Court proceedings.']

Ratio Decidendi

The costs assessor lacked power to limit the assessment to costs thrown away. The court, not the assessor, determines under s 98 of the Civil Procedure Act 2005 the basis and extent to which costs are to be paid, and the assessor's role is to quantify the costs payable as a result of that order. Section 364(2) of the Legal Profession Act 2004 must be read accordingly, and its reference to the outcome of the matter concerns the proceedings subject to the assessment, not other proceedings between the parties such as proposed Federal Court proceedings.

Court Disposition

Decision remitted to the costs assessor for re-determination of the application.

Orders

  • ['The costs assessor re-determine the application.']