Sweeney v Australian Securities and Investments Commission [2006] NSWCA 230

Sweeney v Australian Securities and Investments Commission [2006] NSWCA 230

The allegations about conflict of interest and public policy do not affect the right to recover costs under the assessment regime; issues pursued by the claimant are not relevant to the assessment under the Act or the general law. Appeals under s 208L are limited to questions of law and do not permit oral evidence. Leave to appeal was refused as the claimant's grounds failed in law and principle.

Jurisdiction
Australia
Judgment Date
06 November 2006
Procedural Posture
Appeal / Leave to Appeal Refused
Outcome
leave to appeal refused; summons dismissed with costs
Legal Topics
['costs Assessment' 'conflict of Interest' 'oral Evidence on Appeal' 'public Policy' 'bill of Costs']
['civil Procedure' 'legal Profession' 'costs'] ['costs Assessment' 'conflict of Interest' 'oral Evidence on Appeal' 'public Policy' 'bill of Costs']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 ['Whether alleged conflicts of interest or former roles of solicitors disqualify recovery of costs for their work.' 'Whether oral evidence can be admitted on appeal under sections 208L or 208M of Legal Profession Act 1987.' 'Whether legal services rendered by certain solicitors should be disallowed for public policy reasons.']

Ratio Decidendi

The allegations about conflict of interest and public policy do not affect the right to recover costs under the assessment regime; issues pursued by the claimant are not relevant to the assessment under the Act or the general law. Appeals under s 208L are limited to questions of law and do not permit oral evidence. Leave to appeal was refused as the claimant's grounds failed in law and principle.

Court Disposition

leave to appeal refused; summons dismissed with costs

Orders

  • ['Leave to appeal refused.' 'Summons dismissed with costs.']