Attard v James Legal Pty Ltd [No 2] [2009] NSWSC 901

Attard v James Legal Pty Ltd [No 2] [2009] NSWSC 901

The plaintiffs were outside the statutory period to apply for assessment of legal costs under the Legal Profession Act 1987, had not established grounds to invoke assessment provisions, and the Court was not empowered or inclined to refer the matter for assessment by a referee given the statutory scheme; therefore, judgment was entered for the cross-claimants in the sums quantified and the statement of claim was dismissed.

Jurisdiction
Australia
Judgment Date
02 September 2009
Procedural Posture
Civil / Post Trial, Consequential Orders
Outcome
Statement of claim dismissed; verdict and judgment for cross-claimants against cross-defendants in specified amounts plus interest; costs to defendants.
Legal Topics
['costs Assessment' 'judgments and Orders' 'cross Claim' 'reasonableness of Legal Fees']
['procedure' 'legal Profession'] ['costs Assessment' 'judgments and Orders' 'cross Claim' 'reasonableness of Legal Fees']

Case Brief

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Procedural Posture

Civil / Post Trial, Consequential Orders

Legal Issues

  1. 1 ['Whether the plaintiffs are entitled to seek assessment of costs under the Legal Profession Act 1987 given the time elapsed and circumstances.' 'Whether the Court has power to order an assessment or referral to a referee.' 'How the amounts owed to the cross-claimants should be quantified.']

Ratio Decidendi

The plaintiffs were outside the statutory period to apply for assessment of legal costs under the Legal Profession Act 1987, had not established grounds to invoke assessment provisions, and the Court was not empowered or inclined to refer the matter for assessment by a referee given the statutory scheme; therefore, judgment was entered for the cross-claimants in the sums quantified and the statement of claim was dismissed.

Court Disposition

Statement of claim dismissed; verdict and judgment for cross-claimants against cross-defendants in specified amounts plus interest; costs to defendants.

Orders

  • ['Statement of claim dismissed.' 'Verdict and judgment for the cross-claimants against the first and second cross-defendants in the sum of $903,450.00 plus interest in the sum of $534,174.69.' 'Verdict and judgment for the cross-claimants against the third cross-defendant in the sum of $300,000 plus interest in the...