Law Society of New South Wales -v- Gallagher [1999] NSWADT 8

Law Society of New South Wales -v- Gallagher [1999] NSWADT 8

The Tribunal assessed the Society's bill by allowing undisputed items automatically and determining only the respondent's objections by reference to whether the attendances and charges were fair and reasonable in the circumstances. Most objections were rejected because the work was reasonably incurred in complex professional disciplinary proceedings and in discharge of the Society's public duty, but certain items were disallowed where they were not proper party/party costs or were insufficiently particularised, including additional general file administration, some illness-related adjournment costs, some amendment-related costs, and specified counsel attendances. The proper amount payable...

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Application for Assessment of Costs / Determination of Quantum of Costs Payable Pursuant to Orders Made 14 November 1997
Outcome
Application allowed in part; costs and disbursements assessed at $28,585.11 and application costs assessed at $1,000.00.
Legal Topics
['assessment of Costs' 'party/party Costs' 'fair and Reasonable Costs' 'solicitor Disciplinary Proceedings' 'costs of Application']
['legal Profession' 'costs' 'professional Discipline'] ['assessment of Costs' 'party/party Costs' 'fair and Reasonable Costs' 'solicitor Disciplinary Proceedings' 'costs of Application']

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Procedural Posture

Application for Assessment of Costs / Determination of Quantum of Costs Payable Pursuant to Orders Made 14 November 1997

Legal Issues

  1. 1 ["What quantum of costs and disbursements should the respondent legal practitioner pay to the Council of the Law Society of New South Wales pursuant to the Tribunal's orders dated 14 November 1997." "Whether the Tribunal should allow or disallow specific objections taken by the respondent practitioner to items in the Law Society's bill of costs." 'Whether the Law Society should recover the costs of its application filed 28 August 1998.']

Ratio Decidendi

The Tribunal assessed the Society's bill by allowing undisputed items automatically and determining only the respondent's objections by reference to whether the attendances and charges were fair and reasonable in the circumstances. Most objections were rejected because the work was reasonably incurred in complex professional disciplinary proceedings and in discharge of the Society's public duty, but certain items were disallowed where they were not proper party/party costs or were insufficiently particularised, including additional general file administration, some illness-related adjournment costs, some amendment-related costs, and specified counsel attendances. The proper amount payable...

Court Disposition

Application allowed in part; costs and disbursements assessed at $28,585.11 and application costs assessed at $1,000.00.

Orders

  • ["Pursuant to the Tribunal's Orders dated 14 November 1997, Alan James Gallagher pay the costs and disbursements of the Council of the Law Society of New South Wales as informant in respect of these proceedings at $28,585.11." "Alan James Gallagher pay the costs of the Informant in respect of the Informant's...