Foundas v Wengel [2024] NSWSC 128

Foundas v Wengel [2024] NSWSC 128

The plaintiff lodged his application for review within the statutory period following receipt of the costs assessor's determination, though grounds of review may not have been attached initially. Fresh evidence and material supplied at hearing warranted intervention. The court was satisfied that, in these circumstances, the Manager, Costs Assessment's decision refusing an extension should be set aside and the matter referred to a Review Panel. Costs to the plaintiff followed the event.

Parties
Plaintiff: Bill Foundas; First Defendant: Sean Wengel; Second Defendant: Robert Witton; Third Defendant: Manager, Costs Assessment
Jurisdiction
Australia
Judgment Date
20 February 2024
Procedural Posture
Costs Assessment Review / Review of Manager, Costs Assessment's Decision
Outcome
Decision of Manager, Costs Assessment set aside; application referred to Review Panel; defendants to pay plaintiff's costs.
Legal Topics
Costs Assessment, Review of Registrar's Decision, Extension of Time, Procedural Fairness
Civil Procedure Costs Assessment Review of Registrar's Decision Extension of Time Procedural Fairness

Case Brief

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Parties

Bill Foundas

Plaintiff

Sean Wengel

First Defendant

Robert Witton

Second Defendant

Manager, Costs Assessment

Third Defendant

Procedural Posture

Costs Assessment Review / Review of Manager, Costs Assessment's Decision

Legal Issues

  1. 1 Whether the plaintiff lodged the application for review of the costs assessor's decision in time
  2. 2 Whether the plaintiff provided sufficient grounds for review and explanation for delay
  3. 3 Whether an extension of time should be granted

Ratio Decidendi

The plaintiff lodged his application for review within the statutory period following receipt of the costs assessor's determination, though grounds of review may not have been attached initially. Fresh evidence and material supplied at hearing warranted intervention. The court was satisfied that, in these circumstances, the Manager, Costs Assessment's decision refusing an extension should be set aside and the matter referred to a Review Panel. Costs to the plaintiff followed the event.

Court Disposition

Decision of Manager, Costs Assessment set aside; application referred to Review Panel; defendants to pay plaintiff's costs.

Orders

  • The decision of the Manager, Costs Assessment be set aside.
  • The application to review the costs assessor's decision dated 24 May 2022 be referred to a Review Panel.