Wong v Watts McCray Lawyers [2015] NSWSC 849

Wong v Watts McCray Lawyers [2015] NSWSC 849

Failure to apply for assessment within the statutory time did not result from ignorance or incapacity but was a matter of choice; no justification shown for the delay; therefore, it is not just and fair to extend time for costs assessment.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Application for Extension of Time to Apply for Assessment of Costs / Final Judgment
Outcome
Application dismissed
Legal Topics
['extension of Time' 'assessment of Legal Costs']
['costs Law'] ['extension of Time' 'assessment of Legal Costs']

Case Brief

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Procedural Posture

Application for Extension of Time to Apply for Assessment of Costs / Final Judgment

Legal Issues

  1. 1 ['Whether it would be just and fair to extend time for a costs assessment under s 350(5) of the Legal Profession Act 2004 (NSW)']

Ratio Decidendi

Failure to apply for assessment within the statutory time did not result from ignorance or incapacity but was a matter of choice; no justification shown for the delay; therefore, it is not just and fair to extend time for costs assessment.

Court Disposition

Application dismissed

Orders

  • ['The summons is dismissed.' "The Plaintiff is to pay the Defendants' costs of the proceedings."]