Doyles v Quin [2008] NSWSC 128

Doyles v Quin [2008] NSWSC 128

The dispute between Doyles and Mr Quin did not relate only to the rates specified in the costs agreement and the agreement did not specify an amount of costs, so s 208C(1) did not require the costs assessor to decline assessment. The costs assessor applied the rates in the agreement and was entitled to assess the reasonableness of the work and time claimed. The August 2005 correspondence did not create a binding lump sum agreement because Doyles' response required an additional payment. The assessor's reasons identified the basis for reductions, including excessive time, excessive joint attendances and internal conferences, unrecoverable costs of seeking payment, and grossly excessive...

Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Appeal From Decision of Costs Assessor / Summons Seeking Extension of Time and Appeal Under Ss 208 L and 208 M of the Legal Profession Act 1987
Outcome
Extension of time granted; summons dismissed; plaintiff ordered to pay the defendants' costs.
Legal Topics
['costs Assessment' 'costs Agreement' 'appeal From Costs Assessor' 'adequacy of Reasons' 'extension of Time']
['costs' 'legal Profession' 'civil Procedure'] ['costs Assessment' 'costs Agreement' 'appeal From Costs Assessor' 'adequacy of Reasons' 'extension of Time']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From Decision of Costs Assessor / Summons Seeking Extension of Time and Appeal Under Ss 208 L and 208 M of the Legal Profession Act 1987

Legal Issues

  1. 1 ['Whether an extension of time to file the appeal should be granted.' 'Whether the costs assessor erred in law in applying s 208C of the Legal Profession Act 1987 by assessing costs rather than declining to assess the bill.' 'Whether the costs assessor was bound by an alleged subsequent lump sum costs agreement.' "Whether the costs assessor provided adequate reasons for the reductions made to Doyles Construction Lawyers' invoices." 'Whether leave should be granted under s 208M of the Legal Profession Act 1987.']

Ratio Decidendi

The dispute between Doyles and Mr Quin did not relate only to the rates specified in the costs agreement and the agreement did not specify an amount of costs, so s 208C(1) did not require the costs assessor to decline assessment. The costs assessor applied the rates in the agreement and was entitled to assess the reasonableness of the work and time claimed. The August 2005 correspondence did not create a binding lump sum agreement because Doyles' response required an additional payment. The assessor's reasons identified the basis for reductions, including excessive time, excessive joint attendances and internal conferences, unrecoverable costs of seeking payment, and grossly excessive...

Court Disposition

Extension of time granted; summons dismissed; plaintiff ordered to pay the defendants' costs.

Orders

  • ['An extension of time to file this appeal is granted.' 'The summons filed 14 November 2006 is dismissed.' "The plaintiff is to pay the defendants' costs."]