G H Healey & Company - Bondi v Grasso [1999] NSWSC 147

G H Healey & Company - Bondi v Grasso [1999] NSWSC 147

The costs assessor wrongly placed undue weight on the earlier narrative bill rather than properly assessing the later itemised bill, and the application and certificate could be amended to reflect the correct party name under s 81 of the Supreme Court Act and Part 64 r 7 of the Supreme Court Rules. The appeal should be upheld and the matter remitted for redetermination.

Jurisdiction
Australia
Judgment Date
30 July 1999
Procedural Posture
Appeal Against Costs Assessor's Decision / Judgment on Appeal
Outcome
Appeal upheld; certificate of costs assessor set aside; matter remitted for re-determination; costs awarded to plaintiff.
Legal Topics
['amendment of Pleadings' 'legal Costs' 'business Names' 'appeals on Costs']
['costs Assessment' 'civil Procedure'] ['amendment of Pleadings' 'legal Costs' 'business Names' 'appeals on Costs']

Case Brief

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Procedural Posture

Appeal Against Costs Assessor's Decision / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the parties to the application for assessment of costs were correctly named' 'Whether the court has the power to amend the names of the parties in the costs assessment and appeal proceedings' 'Whether the costs assessor correctly determined which bill of costs to assess' 'Whether the costs assessor erred in law by assessing the narrative bill rather than the itemised bill provided later']

Ratio Decidendi

The costs assessor wrongly placed undue weight on the earlier narrative bill rather than properly assessing the later itemised bill, and the application and certificate could be amended to reflect the correct party name under s 81 of the Supreme Court Act and Part 64 r 7 of the Supreme Court Rules. The appeal should be upheld and the matter remitted for redetermination.

Court Disposition

Appeal upheld; certificate of costs assessor set aside; matter remitted for re-determination; costs awarded to plaintiff.

Orders

  • ["The name of the defendant in the application for costs assessment be amended to 'Katarina Muc'." "The name of the plaintiff in the summons be amended to 'Katarina Muc'." 'The appeal is upheld. The certificate of the costs assessor dated 4 August 1998 is set aside.' 'The matter is to be remitted to the costs...