Skalkos v Assaf [2002] NSWSC 1221

Skalkos v Assaf [2002] NSWSC 1221

The plaintiffs did not discharge the onus of showing that the Costs Assessor's decision should be disturbed. Even if there were error in the assessor's expression of reasons, the determination itself was not shown to be erroneous in a way warranting relief; the assessor's determination turned on the view that merely raising an objection of unreasonableness did not establish it, and he considered the circumstances of the particular assessment.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Appeal Pursuant to S 208 L of the Legal Profession Act 1987 From a Costs Assessment / Summons Heard and Dismissed
Outcome
Summons dismissed
Legal Topics
['assessment of Costs Ordered on an Indemnity Basis' 'party and Party Costs' "costs Assessor's Determination" 'onus on Appeal Under S 208 L' 'material to Which a Costs Assessor May Have Regard']
['costs' 'civil Procedure' 'legal Profession'] ['assessment of Costs Ordered on an Indemnity Basis' 'party and Party Costs' "costs Assessor's Determination" 'onus on Appeal Under S 208 L' 'material to Which a Costs Assessor May Have Regard']

Case Brief

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Procedural Posture

Appeal Pursuant to S 208 L of the Legal Profession Act 1987 From a Costs Assessment / Summons Heard and Dismissed

Legal Issues

  1. 1 ['Whether the Costs Assessor erred in assessing indemnity costs by requiring proof or positive material from the Costs Respondents that charges were not fair and reasonable or were unreasonable.' 'Whether any error by the Costs Assessor justified disturbing the costs assessment decision under s 208L of the Legal Profession Act 1987.']

Ratio Decidendi

The plaintiffs did not discharge the onus of showing that the Costs Assessor's decision should be disturbed. Even if there were error in the assessor's expression of reasons, the determination itself was not shown to be erroneous in a way warranting relief; the assessor's determination turned on the view that merely raising an objection of unreasonableness did not establish it, and he considered the circumstances of the particular assessment.

Court Disposition

Summons dismissed

Orders

  • ['The Summons is dismissed.' 'The plaintiffs are to pay the costs of the Summons.' 'The Exhibit may be returned.']