A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore [2024] NSWDC 121

A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore [2024] NSWDC 121

Leave to adduce evidence in costs appeals must be confined to evidence that is genuinely fresh, additional or in substitution; expert reports that merely offer opinions or submissions, without superior specialist knowledge or practical experience beyond that of the court or costs assessor, are not admissible. Efficiency and proportionality require that parties clearly articulate the status of proposed evidence.

Parties
Plaintiff/applicant: A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers; Defendant/respondent: Andrew John Price; Defendant/respondent: Elisabeth Theodore
Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Civil / Interlocutory Application for Leave to Adduce Evidence in Costs Assessment Appeal
Outcome
Leave granted in part and refused in part; costs ordered
Legal Topics
Procedural Rulings, Costs Assessment, Interlocutory Application, Leave to Adduce Evidence
Civil Procedure Procedural Rulings Costs Assessment Interlocutory Application Leave to Adduce Evidence

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Parties

A.C.N. 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers

Plaintiff/applicant

Andrew John Price

Defendant/respondent

Elisabeth Theodore

Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Leave to Adduce Evidence in Costs Assessment Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to rely on certain evidence for an appeal against costs assessment under s 89(4) of the Legal Profession Uniform Law Application Act 2014 (NSW)
  2. 2 Whether a report by Michael Rose constitutes admissible expert evidence
  3. 3 Efficiency, proportionality and admissibility requirements for evidence on costs appeals

Ratio Decidendi

Leave to adduce evidence in costs appeals must be confined to evidence that is genuinely fresh, additional or in substitution; expert reports that merely offer opinions or submissions, without superior specialist knowledge or practical experience beyond that of the court or costs assessor, are not admissible. Efficiency and proportionality require that parties clearly articulate the status of proposed evidence.

Court Disposition

Leave granted in part and refused in part; costs ordered

Orders

  • Leave to the Applicant to rely on evidence in accordance with the schedule format reasons in this judgment.
  • Refuse leave to the Applicant to rely on the report of Michael Rose dated 19 October 2023.