Daley v Hughes [2014] NSWCA 268

Daley v Hughes [2014] NSWCA 268

The costs assessor's draft reasons were no more than an expression of intention as to the assessment and did not constitute a 'decision' within s 208L of the Legal Profession Act 1987 (NSW). Therefore, the respondent's appeal to the Supreme Court was incompetent and the Court lacked jurisdiction to entertain it.

Parties
First Applicant / Appellant: Geraldine Anne Daley; Second Applicant / Appellant: Timothy Daley; Respondent: Amanda Hughes
Jurisdiction
Australia
Judgment Date
18 August 2014
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Appeal allowed
Legal Topics
Competency of Appeal From Costs Assessor, Interpretation of Legal Profession Act 1987 (nsw) S 208 L, Contracting Out of Statutory Costs Cap, Solicitor Client Costs Disclosure, Motor Accidents Compensation Regulation (no 2) 1999 (nsw)
Civil Procedure Costs Law Legal Profession Competency of Appeal From Costs Assessor Interpretation of Legal Profession Act 1987 (nsw) S 208 L Contracting Out of Statutory Costs Cap Solicitor Client Costs Disclosure Motor Accidents Compensation Regulation (no 2) 1999 (nsw)

Case Brief

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Parties

Geraldine Anne Daley

First Applicant / Appellant

Timothy Daley

Second Applicant / Appellant

Amanda Hughes

Respondent

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the draft reasons of a costs assessor constitute a 'decision' within s 208L of the Legal Profession Act 1987 (NSW) so as to enliven a right of appeal
  2. 2 Whether the primary judge had jurisdiction to hear the purported appeal from the costs assessor's draft reasons

Ratio Decidendi

The costs assessor's draft reasons were no more than an expression of intention as to the assessment and did not constitute a 'decision' within s 208L of the Legal Profession Act 1987 (NSW). Therefore, the respondent's appeal to the Supreme Court was incompetent and the Court lacked jurisdiction to entertain it.

Court Disposition

Appeal allowed

Orders

  • Grant the applicants leave to appeal.
  • Appeal allowed.