Foundas v Wright Lawyers [2021] NSWSC 1165

Foundas v Wright Lawyers [2021] NSWSC 1165

The plaintiff was aware or should have been aware of the time limit for lodging a review application. Her explanations for delay, including receipt of determination, illness, procedural confusion, and lack of objection from the respondent, did not constitute a satisfactory explanation. The Court found no error by the costs assessor or prejudice sufficient to warrant an extension. Therefore, the discretion to extend time was not exercised, and the application was refused.

Jurisdiction
Australia
Judgment Date
14 September 2021
Procedural Posture
Application / Final Determination on Extension of Time to Review Costs Assessment
Outcome
Plaintiff's application to extend time to file her application for a review of the Costs Assessor's decision refused; summons dismissed; no order as to costs.
Legal Topics
['costs Assessment' 'review of Costs Assessment' 'extension of Time' 'legal Profession Act' 'legal Profession Uniform Law']
['costs'] ['costs Assessment' 'review of Costs Assessment' 'extension of Time' 'legal Profession Act' 'legal Profession Uniform Law']

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Procedural Posture

Application / Final Determination on Extension of Time to Review Costs Assessment

Legal Issues

  1. 1 ["Whether the plaintiff should be granted an extension of time to file her application for a review of the Costs Assessor's decision dated 20 June 2020"]

Ratio Decidendi

The plaintiff was aware or should have been aware of the time limit for lodging a review application. Her explanations for delay, including receipt of determination, illness, procedural confusion, and lack of objection from the respondent, did not constitute a satisfactory explanation. The Court found no error by the costs assessor or prejudice sufficient to warrant an extension. Therefore, the discretion to extend time was not exercised, and the application was refused.

Court Disposition

Plaintiff's application to extend time to file her application for a review of the Costs Assessor's decision refused; summons dismissed; no order as to costs.

Orders

  • ["The plaintiff's application to extend time to file her application for a review of the Costs Assessor's decision dated 20 June 2020 is refused." 'The summons filed 11 June 2021 is dismissed.' 'No order as to costs.']