Lloyd v Hill [2004] NSWSC 652

Lloyd v Hill [2004] NSWSC 652

The costs assessor erred in law by failing to act in accordance with the requirements of the Legal Profession Act 1987, in particular s 48B and related provisions, when allowing the defendant to recover costs for work done by Mr Longman after he ceased to hold a practising certificate. Costs incurred in contravention of the Act are not recoverable, and certificates issued by the assessor based on such costs must be set aside.

Parties
Plaintiff: Anthony Lloyd; Defendant: Clive Hill
Jurisdiction
Australia
Judgment Date
22 July 2004
Procedural Posture
Appeal (costs Assessment) / Judgment
Outcome
Certificates as to determination of costs set aside; matter remitted to costs assessor for re-determination; costs reserved; directions for written submissions as to costs given.
Legal Topics
Costs Assessment, Practising Certificate Requirements, Solicitor's Entitlement to Costs
Legal Profession Costs Costs Assessment Practising Certificate Requirements Solicitor's Entitlement to Costs

Case Brief

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Parties

Anthony Lloyd

Plaintiff

Clive Hill

Defendant

Procedural Posture

Appeal (costs Assessment) / Judgment

Legal Issues

  1. 1 Whether a costs assessor erred in law by allowing costs for work done by a person not holding a current practising certificate as a solicitor
  2. 2 Whether s 48B and related provisions of the Legal Profession Act 1987 preclude recovery of costs for such work
  3. 3 Whether the appeal should have been by way of review panel or before the Court

Ratio Decidendi

The costs assessor erred in law by failing to act in accordance with the requirements of the Legal Profession Act 1987, in particular s 48B and related provisions, when allowing the defendant to recover costs for work done by Mr Longman after he ceased to hold a practising certificate. Costs incurred in contravention of the Act are not recoverable, and certificates issued by the assessor based on such costs must be set aside.

Court Disposition

Certificates as to determination of costs set aside; matter remitted to costs assessor for re-determination; costs reserved; directions for written submissions as to costs given.

Orders

  • Orders sought in paragraphs 1 and 2 of further amended summons (setting aside certificates; remitting for re-determination) made.
  • Costs reserved.