Christopher Gordon Taylor v Andrew Peter Walker & Anor [2006] NSWSC 279

Christopher Gordon Taylor v Andrew Peter Walker & Anor [2006] NSWSC 279

Where an inadvertent and unjust mathematical error occurs in a costs determination, leave to appeal will be granted and the matter remitted for correction by the Panel to ensure justice. Liability for costs of assessment under the Legal Profession Act 1987 s182(3) applies to a practitioner who fails to disclose, regardless of whether the application was initiated by the client.

Jurisdiction
Australia
Judgment Date
24 April 2006
Procedural Posture
Appeal From Costs Review Panel / Judgment on Leave to Appeal and Substantive Appeal
Outcome
Certificate as to determination of costs set aside; matter remitted to Panel for correction and issue of replacement certificate; no order as to costs; exhibit may be returned.
Legal Topics
['non Compliance With Disclosure Provisions' 'costs Assessment' 'leave to Appeal' 'calculation Errors in Costs Determinations']
['legal Profession Law' 'costs'] ['non Compliance With Disclosure Provisions' 'costs Assessment' 'leave to Appeal' 'calculation Errors in Costs Determinations']

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Procedural Posture

Appeal From Costs Review Panel / Judgment on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether an inadvertent error in costs calculation by the Panel warrants leave to appeal and correction' 'Whether the plaintiff should pay the costs of the costs assessment due to non-disclosure under Legal Profession Act 1987' 'Construction of s182(3) Legal Profession Act 1987 regarding liability for assessment costs']

Ratio Decidendi

Where an inadvertent and unjust mathematical error occurs in a costs determination, leave to appeal will be granted and the matter remitted for correction by the Panel to ensure justice. Liability for costs of assessment under the Legal Profession Act 1987 s182(3) applies to a practitioner who fails to disclose, regardless of whether the application was initiated by the client.

Court Disposition

Certificate as to determination of costs set aside; matter remitted to Panel for correction and issue of replacement certificate; no order as to costs; exhibit may be returned.

Orders

  • ['Certificate as to determination of costs is set aside.' 'Matter remitted to the Panel for correction of error and issue of replacement certificate.' 'No order as to costs.' 'Exhibit may be returned.']