Kiwi Munchies P/L v Thai Airways International [2004] NSWSC 89

Kiwi Munchies P/L v Thai Airways International [2004] NSWSC 89

The appeal failed because the fee agreements were produced to the costs assessor under the statutory compulsory process and remained confidential, so there was no waiver; the costs assessor did not allow costs or disbursements for the security for costs motion; and the assessor's reasons sufficiently addressed and confined the costs to the motion to extend time, with no error of law under Regulation 61.

Jurisdiction
Australia
Judgment Date
27 February 2004
Procedural Posture
Appeal From Decision of Costs Assessor / Amended Summons Appealing Costs Assessor's Determination Under S 208 L of the Legal Profession Act 1987 (nsw)
Outcome
Appeal dismissed; costs assessor's determination affirmed; plaintiff's amended summons dismissed; plaintiff ordered to pay the defendant's costs.
Legal Topics
['costs Assessment' 'fee Agreement Confidentiality' 'waiver' 'party/party Costs' 'indemnity Costs' 'security for Costs' 'statement of Reasons by Costs Assessor']
['costs Law' 'legal Profession' 'civil Procedure'] ['costs Assessment' 'fee Agreement Confidentiality' 'waiver' 'party/party Costs' 'indemnity Costs' 'security for Costs' 'statement of Reasons by Costs Assessor']

Case Brief

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Procedural Posture

Appeal From Decision of Costs Assessor / Amended Summons Appealing Costs Assessor's Determination Under S 208 L of the Legal Profession Act 1987 (nsw)

Legal Issues

  1. 1 ['Whether the costs assessor erred in law by failing to allow the plaintiff access to the costs agreement made available by the defendant to the costs assessor.' 'Whether the costs assessor erred in law by awarding costs and disbursements to the defendant in relation to the notice of motion for security for costs in the absence of a court order.' "Whether the costs assessor's determination failed to comply with Regulation 61 of the Legal Profession Regulation 2002."]

Ratio Decidendi

The appeal failed because the fee agreements were produced to the costs assessor under the statutory compulsory process and remained confidential, so there was no waiver; the costs assessor did not allow costs or disbursements for the security for costs motion; and the assessor's reasons sufficiently addressed and confined the costs to the motion to extend time, with no error of law under Regulation 61.

Court Disposition

Appeal dismissed; costs assessor's determination affirmed; plaintiff's amended summons dismissed; plaintiff ordered to pay the defendant's costs.

Orders

  • ['The appeal is dismissed.' 'The determination of costs assessor Ms Wendy Strathdee dated 30 June 2003 is affirmed.' "The plaintiff's amended summons filed 21 October 2003 is dismissed." "The plaintiff is to pay the defendant's costs on a party/party basis up until 31 July 2003 and then on an indemnity basis from 1...