Altaranesi v Sydney Local Health District [2012] NSWDC 90

Altaranesi v Sydney Local Health District [2012] NSWDC 90

The summons was dismissed because the District Court did not have jurisdiction under s 385(2) to hear an application for leave to appeal from a party/party costs assessment arising from an order of the Court of Appeal. If the matter were considered under s 384, the plaintiff's principal complaints concerned factual disagreement with the quantum of fees rather than matters of law, and the asserted legal grounds of bias, procedural unfairness and uncertainty were not made out. If considered under s 385, justice did not require leave to be granted because the proposed grounds lacked merit and the assessed counsel's fees were fair, reasonable and moderate.

Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Application for Leave to Appeal From a Costs Assessment / Summons Seeking Leave to Appeal Under S 385 Legal Profession Act 2004 (nsw), Alternatively Considered Under S 384
Outcome
Summons dismissed; plaintiff/applicant ordered to pay the defendant/respondent's costs.
Legal Topics
['costs Assessment' 'party/party Costs' 'jurisdiction to Appeal Costs Assessments' 'leave to Appeal' 'procedural Fairness' 'bias' 'financial Hardship']
['costs' 'legal Profession' 'civil Procedure'] ['costs Assessment' 'party/party Costs' 'jurisdiction to Appeal Costs Assessments' 'leave to Appeal' 'procedural Fairness' 'bias' 'financial Hardship']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Costs Assessment / Summons Seeking Leave to Appeal Under S 385 Legal Profession Act 2004 (nsw), Alternatively Considered Under S 384

Legal Issues

  1. 1 ['Whether the District Court had jurisdiction under s 385(2) Legal Profession Act 2004 (NSW) to hear an appeal from an assessment of party/party costs payable as a result of an order made by the Court of Appeal.' 'Whether the plaintiff could alternatively bring the appeal under s 384 Legal Profession Act 2004 (NSW) as an appeal on a matter of law.' 'Whether leave to appeal under s 385 should be granted.' "Whether the plaintiff made out grounds of actual bias, lack of procedural fairness, uncertainty arising from an unsigned bill, financial hardship, or excessive counsel's fees."]

Ratio Decidendi

The summons was dismissed because the District Court did not have jurisdiction under s 385(2) to hear an application for leave to appeal from a party/party costs assessment arising from an order of the Court of Appeal. If the matter were considered under s 384, the plaintiff's principal complaints concerned factual disagreement with the quantum of fees rather than matters of law, and the asserted legal grounds of bias, procedural unfairness and uncertainty were not made out. If considered under s 385, justice did not require leave to be granted because the proposed grounds lacked merit and the assessed counsel's fees were fair, reasonable and moderate.

Court Disposition

Summons dismissed; plaintiff/applicant ordered to pay the defendant/respondent's costs.

Orders

  • ['Summons dismissed.' "The plaintiff/applicant pay the defendant/respondent's costs."]