Johnson v Madden [2000] NSWSC 463

Johnson v Madden [2000] NSWSC 463

The applicant failed to demonstrate an arguable case for relief under either section 208L(1) or section 208M(1); the determination of the Costs Assessor was open on the material before him and supported by the respondent’s statutory declaration. Extension of time is refused and the substantive applications are incompetent.

Jurisdiction
Australia
Judgment Date
30 May 2000
Procedural Posture
Appeal/leave to Appeal From Costs Assessment / Application for Extension of Time and Applications for Relief Under Sections 208 L(1) and 208 M(1) of the Legal Profession Act 1987
Outcome
Application for extension of time refused; applications for substantive relief dismissed; costs awarded to respondent.
Legal Topics
['costs Assessment' 'leave to Appeal' 'extension of Time' 'legal Profession Act 1987']
['costs'] ['costs Assessment' 'leave to Appeal' 'extension of Time' 'legal Profession Act 1987']

Case Brief

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Procedural Posture

Appeal/leave to Appeal From Costs Assessment / Application for Extension of Time and Applications for Relief Under Sections 208 L(1) and 208 M(1) of the Legal Profession Act 1987

Legal Issues

  1. 1 ['Whether the applicant is entitled to an extension of time to seek relief under s 208L(1) or s 208M(1) of the Legal Profession Act 1987' 'Whether the applicant has demonstrated an arguable case for relief under s 208L(1) or s 208M(1)' 'Whether the costs agreement created personal liability for the applicant or for the company, Senagoal Pty Ltd']

Ratio Decidendi

The applicant failed to demonstrate an arguable case for relief under either section 208L(1) or section 208M(1); the determination of the Costs Assessor was open on the material before him and supported by the respondent’s statutory declaration. Extension of time is refused and the substantive applications are incompetent.

Court Disposition

Application for extension of time refused; applications for substantive relief dismissed; costs awarded to respondent.

Orders

  • ['The application for extension of time is refused.' 'The Summons is dismissed.' 'The applicant is to pay the costs of the Summons.' 'The exhibits may be returned.']