Aquaqueen International Pty Ltd v Gilles [2014] NSWSC 804

Aquaqueen International Pty Ltd v Gilles [2014] NSWSC 804

Because the first and second defendants conceded that relief in the nature of certiorari should be granted and there was evidence that material before the costs assessor was not before the Review Panel, the Review Panel's costs determination and certificates were set aside. Declaratory relief was refused because a declaration of suspension for the duration of the review process could cut across the Review Panel's powers under s 377(2) and had no utility where suspension was not disputed, and because suspension of the determination did not itself make the Local Court judgment cease to have effect or automatically unenforceable, although enforcement should be stayed while the determination...

Jurisdiction
Australia
Judgment Date
13 June 2014
Procedural Posture
Supervisory Jurisdiction Proceedings Concerning a Costs Assessment Review / Principal Ex Tempore Judgment on Amended Summons
Outcome
The Review Panel's costs determination and certificates were set aside; the amended summons was otherwise dismissed; the first and second defendants were ordered to pay half of the plaintiffs' costs.
Legal Topics
['review Panel Determination' 'certiorari' 'declaratory Relief' "suspension of Costs Assessor's Determination" 'certificate Filed as Judgment' 'costs of Proceedings']
['costs Assessment' 'administrative Law' 'legal Profession'] ['review Panel Determination' 'certiorari' 'declaratory Relief' "suspension of Costs Assessor's Determination" 'certificate Filed as Judgment' 'costs of Proceedings']

Case Brief

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Procedural Posture

Supervisory Jurisdiction Proceedings Concerning a Costs Assessment Review / Principal Ex Tempore Judgment on Amended Summons

Legal Issues

  1. 1 ["Whether the Review Panel's costs determination and certificates should be set aside where material before the costs assessor was not provided to the Review Panel." "Whether the operation of the costs assessor's assessment and certificate should be declared suspended for the duration of the review process." "Whether the Local Court judgment entered on the costs assessor's certificate was unenforceable because the assessment was suspended." 'What costs order should be made in the Supreme Court proceedings.']

Ratio Decidendi

Because the first and second defendants conceded that relief in the nature of certiorari should be granted and there was evidence that material before the costs assessor was not before the Review Panel, the Review Panel's costs determination and certificates were set aside. Declaratory relief was refused because a declaration of suspension for the duration of the review process could cut across the Review Panel's powers under s 377(2) and had no utility where suspension was not disputed, and because suspension of the determination did not itself make the Local Court judgment cease to have effect or automatically unenforceable, although enforcement should be stayed while the determination...

Court Disposition

The Review Panel's costs determination and certificates were set aside; the amended summons was otherwise dismissed; the first and second defendants were ordered to pay half of the plaintiffs' costs.

Orders

  • ['The costs determination and certificates of the Review Panel dated 24 March 2013 be set aside.' "The Plaintiffs' Amended Summons be otherwise dismissed." "The First and Second Defendants pay half of the Plaintiffs' costs of the proceedings."]