Havas Legal Pty Ltd v McKenzie [2022] NSWSC 428

Havas Legal Pty Ltd v McKenzie [2022] NSWSC 428

The judgment obtained by registration of the original cost assessment certificates should be set aside because the Review Panel subsequently set aside those certificates and substituted a new certificate for a lesser amount. Further, the defendant was not properly notified due to his incarceration, did not choose the forum, and acted promptly upon becoming aware of the proceedings. The appropriate forum was not chosen by the plaintiff, and it is appropriate to order costs against the plaintiff.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Costs Assessment/procedural Application / Final Orders After Determination of Application to Set Aside Judgment
Outcome
Judgment set aside; costs order in favour of the defendant/applicant
Legal Topics
['costs Assessment' 'setting Aside Judgment' 'review of Costs Determination']
['civil Procedure'] ['costs Assessment' 'setting Aside Judgment' 'review of Costs Determination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Assessment/procedural Application / Final Orders After Determination of Application to Set Aside Judgment

Legal Issues

  1. 1 ['Whether judgment entered upon registration of costs certificates should be set aside or varied after review determination' 'Appropriate forum for registration of costs certificate' 'Entitlement to costs of the application']

Ratio Decidendi

The judgment obtained by registration of the original cost assessment certificates should be set aside because the Review Panel subsequently set aside those certificates and substituted a new certificate for a lesser amount. Further, the defendant was not properly notified due to his incarceration, did not choose the forum, and acted promptly upon becoming aware of the proceedings. The appropriate forum was not chosen by the plaintiff, and it is appropriate to order costs against the plaintiff.

Court Disposition

Judgment set aside; costs order in favour of the defendant/applicant

Orders

  • ["Set aside the judgment obtained by registration of Certificates of Determination of Costs and of the Manager's Assessment Costs on 11 June 2020." "Order the plaintiff to pay the defendant's costs of his Notice of Motion filed on 9 April 2021 on the ordinary basis."]