Advanced Gaming Technologies Pty Limited v Julieann P Ahern & 88 Ors [1999] NSWSC 45

Advanced Gaming Technologies Pty Limited v Julieann P Ahern & 88 Ors [1999] NSWSC 45

Because the costs assessor gave no reasons, the Court could not determine the substantive declaratory issues or effectively review the determinations. The Court of Appeal decision in Kennedy Miller Television Pty Limited v J S Lancken & Anor established that a costs assessor is obliged to give reasons irrespective of whether reasons are requested, especially for a finding that a costs agreement is not unjust. The assessment and determinations therefore had to be remitted to the assessor for reasons.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Summons Seeking Declarations and Remittal Concerning Assessment of Solicitor Client Costs Under the Legal Profession Act, 1987 / Supreme Court Proceedings Said to Be by Way of Appeal Under S 208 L From Costs Assessor Determinations
Outcome
Application allowed to the extent that the costs assessment and determinations were remitted to the eighty-ninth defendant for reasons; first to eighty-eighth defendants ordered to pay the plaintiff's costs.
Legal Topics
['assessment of Costs' 'costs Agreement' 'disclosure of Likely Costs' 'unjust Costs Agreement' "costs Assessor's Duty to Give Reasons" 'remittal']
['legal Profession' 'costs' 'administrative Law'] ['assessment of Costs' 'costs Agreement' 'disclosure of Likely Costs' 'unjust Costs Agreement' "costs Assessor's Duty to Give Reasons" 'remittal']

Case Brief

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Procedural Posture

Summons Seeking Declarations and Remittal Concerning Assessment of Solicitor Client Costs Under the Legal Profession Act, 1987 / Supreme Court Proceedings Said to Be by Way of Appeal Under S 208 L From Costs Assessor Determinations

Legal Issues

  1. 1 ['Whether Clayton Utz failed to comply with Pt 11 Div 2 of the Legal Profession Act, 1987, including s 177, by not providing an estimate of likely costs.' 'Whether Solicitors Rule 1.3.1 applied to the costs agreement or was invalid if it purported to apply.' 'Whether the Costs Agreement dated 21 February 1995 was unjust and should have been set aside under s 208D of the Legal Profession Act, 1987.' 'Whether the costs assessor was obliged to give reasons for the determinations that the Costs Agreement was not unjust and as to quantum.' 'Whether the absence of reasons required remittal to the costs assessor.']

Ratio Decidendi

Because the costs assessor gave no reasons, the Court could not determine the substantive declaratory issues or effectively review the determinations. The Court of Appeal decision in Kennedy Miller Television Pty Limited v J S Lancken & Anor established that a costs assessor is obliged to give reasons irrespective of whether reasons are requested, especially for a finding that a costs agreement is not unjust. The assessment and determinations therefore had to be remitted to the assessor for reasons.

Court Disposition

Application allowed to the extent that the costs assessment and determinations were remitted to the eighty-ninth defendant for reasons; first to eighty-eighth defendants ordered to pay the plaintiff's costs.

Orders

  • ['The application for assessment of costs is remitted to the eighty-ninth defendant for the purpose of his providing reasons for his Determination dated 14 November 1996 that the Costs Agreement is not unjust.' 'That the assessment of the practitioner/client costs dated 6 December 1996 is remitted to the...