Forgione v Ashurst Australia [2016] NSWSC 1314

Forgione v Ashurst Australia [2016] NSWSC 1314

While the 12-month period for costs assessment under s 350(4) Legal Profession Act 2004 (NSW) had expired, leave was granted as it was most convenient and sensible for the dispute about costs to be resolved by an expert costs assessor rather than a busy Magistrate, despite lack of affirmative reasons for delay.

Parties
First Plaintiff: Francesco Forgione; Second Plaintiff: Pasquale Forgione; Defendant: Ashurst Australia – A Partnership
Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Application for Leave to Proceed With Costs Assessment / Judgment on Application
Outcome
Leave granted for plaintiffs to proceed with costs assessment application; each party to pay its own costs.
Legal Topics
Costs Assessment, Statutory Interpretation, Limitation Periods
Civil Law Costs Assessment Statutory Interpretation Limitation Periods

Case Brief

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Parties

Francesco Forgione

First Plaintiff

Pasquale Forgione

Second Plaintiff

Ashurst Australia – A Partnership

Defendant

Procedural Posture

Application for Leave to Proceed With Costs Assessment / Judgment on Application

Legal Issues

  1. 1 When does the statutory 12-month period for applying for costs assessment under s 350(4) Legal Profession Act 2004 (NSW) commence?
  2. 2 Whether leave should be granted to permit a costs assessment application outside the statutory time limit under s 350(5) Legal Profession Act 2004 (NSW), on the ground that it is just and fair.

Ratio Decidendi

While the 12-month period for costs assessment under s 350(4) Legal Profession Act 2004 (NSW) had expired, leave was granted as it was most convenient and sensible for the dispute about costs to be resolved by an expert costs assessor rather than a busy Magistrate, despite lack of affirmative reasons for delay.

Court Disposition

Leave granted for plaintiffs to proceed with costs assessment application; each party to pay its own costs.

Orders

  • The plaintiffs are granted leave to proceed with their Costs Assessment Application No 2016/188189 filed 21 June 2016.
  • Each party must pay its own costs of the proceedings before me.