GATES and ANOR (trading as ELIAS GATES AND ASSOCIATES) v STRANGE [1997] NSWCA 120

GATES and ANOR (trading as ELIAS GATES AND ASSOCIATES) v STRANGE [1997] NSWCA 120

It was purposeless to grant leave as the basis upon which the Costs Assessor proceeded, or appeared to have proceeded, was correct: the work claimed was of no value to the Opponent and nil assessment was appropriate.

Parties
Claimants: Gates and Anor (trading as Elias Gates & Associates); Opponent: Strange
Jurisdiction
Australia
Judgment Date
20 October 1997
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Master’s Decision on Appeal From Costs Assessor’s Determination
Outcome
Summons dismissed with costs
Legal Topics
Costs Assessment, Professional Negligence
Civil Procedure Costs Assessment Professional Negligence

Case Brief

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Parties

Gates and Anor (trading as Elias Gates & Associates)

Claimants

Strange

Opponent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal From Master’s Decision on Appeal From Costs Assessor’s Determination

Legal Issues

  1. 1 Whether the Costs Assessor was required to give reasons for assessment
  2. 2 Whether any of the costs or expenses claimed had value to the Opponent

Ratio Decidendi

It was purposeless to grant leave as the basis upon which the Costs Assessor proceeded, or appeared to have proceeded, was correct: the work claimed was of no value to the Opponent and nil assessment was appropriate.

Court Disposition

Summons dismissed with costs

Orders

  • Summons be dismissed with costs