Subiaco Herbs Pty Ltd v Brady [2002] NSWCC 6

Subiaco Herbs Pty Ltd v Brady [2002] NSWCC 6

The costs assessor erred in principle by allowing costs for duplicative items related to the worker's change of solicitor and by awarding travel at the incorrect hourly rate. Travel costs should only be recoverable to the extent that they are reasonable and not excessive due to the solicitor's distant location, and the proper hourly rate for travel should be $140 per hour, not $200.

Jurisdiction
Australia
Judgment Date
31 January 2002
Procedural Posture
Application for Leave to Appeal (costs) / Judgment on Leave and Substantive Appeal
Outcome
leave to appeal granted; appeal allowed; costs reassessed
Legal Topics
['assessment of Costs' 'party/party Costs Versus Solicitor/client Costs' 'travel Costs' 'leave to Appeal Against Costs Determination']
['workers Compensation' 'costs'] ['assessment of Costs' 'party/party Costs Versus Solicitor/client Costs' 'travel Costs' 'leave to Appeal Against Costs Determination']

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Procedural Posture

Application for Leave to Appeal (costs) / Judgment on Leave and Substantive Appeal

Legal Issues

  1. 1 ['Whether the costs assessor erred by allowing costs for duplicative work following change of solicitor' 'Whether travel costs and disbursements for solicitor from a distant location are recoverable on a party/party basis' 'Appropriate hourly rate for travelling time for solicitors under relevant regulations']

Ratio Decidendi

The costs assessor erred in principle by allowing costs for duplicative items related to the worker's change of solicitor and by awarding travel at the incorrect hourly rate. Travel costs should only be recoverable to the extent that they are reasonable and not excessive due to the solicitor's distant location, and the proper hourly rate for travel should be $140 per hour, not $200.

Court Disposition

leave to appeal granted; appeal allowed; costs reassessed

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' "Worker's costs assessed in the total sum of $10,662.56." 'Liberty to apply.']