Dunn v McCarthy QC [2007] NSWSC 1336

Dunn v McCarthy QC [2007] NSWSC 1336

The applicant failed to provide any explanation for the delay in filing the appeal; there was no error of law by the costs assessor, as the applicant was clearly identified and entitled to seek a costs assessment. The costs assessor acted within statutory authority under the Legal Profession Act 2004 (NSW). Extension of time, leave to appeal, and appeal itself were all refused.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Appeal From Costs Assessor
Outcome
Appeal dismissed; leave refused; costs to respondent.
Legal Topics
['leave to Appeal' 'costs Assessment' 'extension of Time' 'costs Agreement' 'identity of Client']
['administrative Law'] ['leave to Appeal' 'costs Assessment' 'extension of Time' 'costs Agreement' 'identity of Client']

Case Brief

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Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Appeal From Costs Assessor

Legal Issues

  1. 1 ['Whether leave to appeal should be granted out of time' 'Whether the costs assessor erred in law in not determining the identity of the client under the costs agreement' 'Whether costs should be assessed at nil if the applicant was not a party to the costs agreement']

Ratio Decidendi

The applicant failed to provide any explanation for the delay in filing the appeal; there was no error of law by the costs assessor, as the applicant was clearly identified and entitled to seek a costs assessment. The costs assessor acted within statutory authority under the Legal Profession Act 2004 (NSW). Extension of time, leave to appeal, and appeal itself were all refused.

Court Disposition

Appeal dismissed; leave refused; costs to respondent.

Orders

  • ['Leave to grant an extension of time to lodge the appeal is refused.' 'The appeal is dismissed.' 'Leave to appeal is refused.' 'The summons filed 24 July 2007 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]