HEWITT v THE MANAGER, SUPP0RT SERVICES OF THE SUPREME COURT OF NSW & 1 ORS [2001] NSWSC 518

HEWITT v THE MANAGER, SUPP0RT SERVICES OF THE SUPREME COURT OF NSW & 1 ORS [2001] NSWSC 518

Notice under s 208KA(5) of the Legal Profession Act 1987 is not a jurisdictional prerequisite for referral to a review panel; failure to give notice may affect costs but does not prevent the application from being referred.

Parties
Plaintiff: Christopher Michael Hewitt; First Defendant: The Manager, Support Services of the Supreme Court of New South Wales; Second Defendant: Hugh Stanley McKensey, Victor John Lewis and Peter Charles Hicks
Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Application for Review of Costs Determination / Judgment on Procedural Objections and Costs
Outcome
Application for review to be referred to a review panel; costs orders made.
Legal Topics
Costs Assessment, Application for Review, Notice Requirements, Jurisdictional Prerequisites
Civil Procedure Costs Assessment Application for Review Notice Requirements Jurisdictional Prerequisites

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Parties

Christopher Michael Hewitt

Plaintiff

The Manager, Support Services of the Supreme Court of New South Wales

First Defendant

Hugh Stanley McKensey, Victor John Lewis and Peter Charles Hicks

Second Defendant

Procedural Posture

Application for Review of Costs Determination / Judgment on Procedural Objections and Costs

Legal Issues

  1. 1 Whether giving notice is a jurisdictional prerequisite to review of costs assessment
  2. 2 Whether sufficient notice was given under s 208KA(5) Legal Profession Act 1987

Ratio Decidendi

Notice under s 208KA(5) of the Legal Profession Act 1987 is not a jurisdictional prerequisite for referral to a review panel; failure to give notice may affect costs but does not prevent the application from being referred.

Court Disposition

Application for review to be referred to a review panel; costs orders made.

Orders

  • The application for review is to be referred to a review panel.
  • The proper officer is to pay the costs except as to 25 percent of the plaintiff's costs of today, which are to be paid by the second defendant.