LANG and ANOR v KIRKNESS and ANOR [1998] NSWCA 128

LANG and ANOR v KIRKNESS and ANOR [1998] NSWCA 128

The grounds for leave to appeal failed since the applicants did not establish any error of law: no evidence was before the Court regarding the alleged refusal to provide 'full reasons'; failure to give reasons to opponents for allowing their claims does not prejudice the applicants; and costs allowed under Windeyer J's orders concerned a part of the proceedings not affected by Court of Appeal dismissal, making them valid.

Parties
Claimant: Lang; Opponent: Kirkness
Jurisdiction
Australia
Judgment Date
30 June 1998
Procedural Posture
Appeal / Leave to Appeal From Costs Assessment Decision
Outcome
Summons dismissed with costs.
Legal Topics
Assessment of Costs, Appeal From Assessor's Decision, Requirement to Give Reasons, Effect of Costs Order on Undetermined Proceedings, Supreme Court Rules Pt31, R6(c), Pt8, R6
Costs Assessment of Costs Appeal From Assessor's Decision Requirement to Give Reasons Effect of Costs Order on Undetermined Proceedings Supreme Court Rules Pt31, R6(c), Pt8, R6

Case Brief

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Parties

Lang

Claimant

Kirkness

Opponent

Procedural Posture

Appeal / Leave to Appeal From Costs Assessment Decision

Legal Issues

  1. 1 Whether the costs assessor erred in awarding costs to self-represented parties
  2. 2 Whether the assessor failed to give adequate reasons
  3. 3 Whether the assessor refused to supply full reasons

Ratio Decidendi

The grounds for leave to appeal failed since the applicants did not establish any error of law: no evidence was before the Court regarding the alleged refusal to provide 'full reasons'; failure to give reasons to opponents for allowing their claims does not prejudice the applicants; and costs allowed under Windeyer J's orders concerned a part of the proceedings not affected by Court of Appeal dismissal, making them valid.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed.
  • Claimants to pay opponents' costs.