Andy Duc Pham v Enterprise ICT Pty Ltd [2021] NSWSC 447

Andy Duc Pham v Enterprise ICT Pty Ltd [2021] NSWSC 447

Leave to review the costs assessment is refused as the application is out of time and without adequate explanation for the delay. The costs assessor had regard to the relevant case law and statutory provisions, and the submissions made do not materially challenge the assessed amount. The assessed costs are to be paid forthwith from the fund in court, excluding the quarantined amount for ENA.

Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Costs Determination / Post Judgment Costs Assessment
Outcome
Leave to review costs assessment refused; assessed costs to be paid from the fund in court forthwith.
Legal Topics
['costs Assessment' 'review of Costs Assessment']
['equity' 'costs'] ['costs Assessment' 'review of Costs Assessment']

Case Brief

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Procedural Posture

Costs Determination / Post Judgment Costs Assessment

Legal Issues

  1. 1 ['Whether leave should be granted to review the costs assessment out of time' 'Whether the assessed costs amount is properly payable from the fund']

Ratio Decidendi

Leave to review the costs assessment is refused as the application is out of time and without adequate explanation for the delay. The costs assessor had regard to the relevant case law and statutory provisions, and the submissions made do not materially challenge the assessed amount. The assessed costs are to be paid forthwith from the fund in court, excluding the quarantined amount for ENA.

Court Disposition

Leave to review costs assessment refused; assessed costs to be paid from the fund in court forthwith.

Orders

  • ['Leave for review application refused.' "Mr Sebie is to pay the plaintiffs' assessed costs (amount $45,296.06 plus interest) forthwith from the fund in court, excluding the amount quarantined for ENA."]