DAVID v KHAN [1999] NSWSC 758

DAVID v KHAN [1999] NSWSC 758

The plaintiff failed to demonstrate any error in the costs assessor's determination or that the determination should be disturbed; therefore, the onus was not discharged and the application fails.

Parties
Plaintiff: Albert David; Defendant: Izaz Khan
Jurisdiction
Australia
Judgment Date
29 July 1999
Procedural Posture
Application for Leave to Appeal Costs Assessment / Judgment on Application for Leave
Outcome
application dismissed
Legal Topics
Costs Assessment, Leave to Appeal
Costs Costs Assessment Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Albert David

Plaintiff

Izaz Khan

Defendant

Procedural Posture

Application for Leave to Appeal Costs Assessment / Judgment on Application for Leave

Legal Issues

  1. 1 Whether leave to appeal should be granted against costs assessor's determination under s 208M of Legal Profession Act 1987

Ratio Decidendi

The plaintiff failed to demonstrate any error in the costs assessor's determination or that the determination should be disturbed; therefore, the onus was not discharged and the application fails.

Court Disposition

application dismissed

Orders

  • The Summons is dismissed.
  • The plaintiff is to pay the costs of the Summons.