McCammont v Mills & Anor [2000] NSWSC 454

McCammont v Mills & Anor [2000] NSWSC 454

The plaintiffs failed to demonstrate any arguable case for disturbing the Costs Assessor's determination. There was no sufficient evidence that the costs were thrown away due to negligence or failure to file an amended process. The explanations for the delay were unsatisfactory, and the substantive application lacked merit. Accordingly, the Notices of Motion and the Summonses were dismissed.

Jurisdiction
Australia
Judgment Date
29 May 2000
Procedural Posture
Application for Leave to Appeal and Extension of Time (costs Assessment) / Judgment on Application for Leave to Appeal and Extension of Time
Outcome
Applications for extension of time and leave to appeal dismissed. Plaintiffs to pay the costs of the proceedings.
Legal Topics
['costs Assessment' 'extension of Time' 'leave to Appeal']
['civil Procedure'] ['costs Assessment' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time (costs Assessment) / Judgment on Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ["Whether an extension of time for application for leave to appeal the Costs Assessor's determination should be granted" "Whether leave to appeal the Costs Assessor's determination should be granted" 'Whether the Costs Assessor erred in allowing costs related to exemplary and aggravated damages and/or due to alleged solicitor negligence']

Ratio Decidendi

The plaintiffs failed to demonstrate any arguable case for disturbing the Costs Assessor's determination. There was no sufficient evidence that the costs were thrown away due to negligence or failure to file an amended process. The explanations for the delay were unsatisfactory, and the substantive application lacked merit. Accordingly, the Notices of Motion and the Summonses were dismissed.

Court Disposition

Applications for extension of time and leave to appeal dismissed. Plaintiffs to pay the costs of the proceedings.

Orders

  • ['Notices of Motion dismissed' 'Summonses dismissed' 'Plaintiffs to pay the costs of the proceedings' 'Exhibits may be returned']