Enterprise Finance Solutions Pty Ltd v Ciszek [2014] NSWDC 314

Enterprise Finance Solutions Pty Ltd v Ciszek [2014] NSWDC 314

Absence of costs agreement or payment does not preclude liability for costs; costs may be assessed on quantum meruit subject to statutory reduction for failure to disclose. Costs assessor erred in requiring separate solicitor/client assessment, but this error did not warrant disturbing the assessment. The Review...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2014
Procedural Posture
Civil Appeal / Appeal From Costs Review Panel
Outcome
Appeal dismissed
Legal Topics
['costs Assessment' 'indemnity Principle' 'disclosure Obligations' 'procedural Fairness']
['civil Procedure' 'legal Costs'] ['costs Assessment' 'indemnity Principle' 'disclosure Obligations' 'procedural Fairness']

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Procedural Posture

Civil Appeal / Appeal From Costs Review Panel

Legal Issues

  1. 1 ["Whether Review Panel erred in refusing plaintiff's application to assess the costs at nil" 'Whether indemnity principle invoked where there was no costs agreement and no evidence of payment' 'Whether Review Panel erred in finding there had been no procedural unfairness where the costs assessor adjourned proceedings to permit a solicitor/client assessment' 'Whether solicitor/client assessment necessary at all']

Ratio Decidendi

Absence of costs agreement or payment does not preclude liability for costs; costs may be assessed on quantum meruit subject to statutory reduction for failure to disclose. Costs assessor erred in requiring separate solicitor/client assessment, but this error did not warrant disturbing the assessment. The Review Panel's adoption of the assessor's reasoning and finding no denial of procedural fairness was legally correct.

Court Disposition

Appeal dismissed

Orders

  • ['Summons dismissed' "Plaintiff to pay defendant's costs" 'Liberty to apply in relation to costs' 'Exhibits retained for 28 days']