O'Brien v Doherty & Ors (No 2) [2008] NSWSC 447

O'Brien v Doherty & Ors (No 2) [2008] NSWSC 447

Mr O'Brien is not liable to pay Mr Doherty's costs in respect of the bills subject to assessment, and a nil assessment is substituted for the Costs Assessor's certificate pursuant to s 385(5) of the Legal Profession Act 2004.

Parties
Plaintiff: Douglas Ashley O'Brien; First Defendant: Peter Doherty; Second Defendant: Lloyd Lancaster Lawyers; Third Defendant: Geoffrey Rafter; Fourth Defendant: Law Society of NSW
Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Costs Assessment Appeal / Judgment Following Appeal and Further Mention
Outcome
Nil assessment substituted for Costs Assessor's certificate; consequential orders made.
Legal Topics
Costs Assessment, Appeal and Review, Substitution of Court Decision
Costs Equity Costs Assessment Appeal and Review Substitution of Court Decision

Case Brief

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Parties

Douglas Ashley O'Brien

Plaintiff

Peter Doherty

First Defendant

Lloyd Lancaster Lawyers

Second Defendant

Geoffrey Rafter

Third Defendant

Law Society of NSW

Fourth Defendant

Procedural Posture

Costs Assessment Appeal / Judgment Following Appeal and Further Mention

Legal Issues

  1. 1 Whether Mr O'Brien is liable to pay Mr Doherty's costs.
  2. 2 Whether the Court should substitute a nil assessment for the Costs Assessor's certificate.

Ratio Decidendi

Mr O'Brien is not liable to pay Mr Doherty's costs in respect of the bills subject to assessment, and a nil assessment is substituted for the Costs Assessor's certificate pursuant to s 385(5) of the Legal Profession Act 2004.

Court Disposition

Nil assessment substituted for Costs Assessor's certificate; consequential orders made.

Orders

  • A nil assessment is substituted for the Costs Assessor's certificate.
  • The parties must facilitate an application to set aside the Local Court judgment dated 26 July 2007 in proceedings 856 of 2007, with no order as to costs.