Wentworth v Rogers [2007] NSWSC 1399

Wentworth v Rogers [2007] NSWSC 1399

The Court held that the certificates of assessment could not be set aside merely because the issue of Mr Rogers's entitlement was raised in the pleadings, and there was no evidence upon which orders setting aside the certificates could be made. Given Mr Rogers's non-compliance with Court orders and apparent lack of interest in pursuing the appeals, the appropriate remedy was a permanent stay of the certificates of assessment.

Jurisdiction
Australia
Judgment Date
29 November 2007
Procedural Posture
Civil Procedure Application to Set Aside Assessments of Costs Or, Alternatively, for a Permanent Stay / Notices of Motion After Court of Appeal Remittal to the Common Law Division
Outcome
Certificates of assessment permanently stayed; defendant ordered to pay the plaintiffs' costs of the motions.
Legal Topics
['assessment of Costs' 'permanent Stay' 'leave to Appeal From Costs Assessor Determinations' 'no Win No Fee Arrangements' 'pro Bono Representation']
['civil Procedure' 'costs'] ['assessment of Costs' 'permanent Stay' 'leave to Appeal From Costs Assessor Determinations' 'no Win No Fee Arrangements' 'pro Bono Representation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure Application to Set Aside Assessments of Costs Or, Alternatively, for a Permanent Stay / Notices of Motion After Court of Appeal Remittal to the Common Law Division

Legal Issues

  1. 1 ['Whether certificates of assessment issued on 24 October 2001 should be set aside and replaced with certificates in the amount of nil dollars.' 'Whether, in the alternative, the certificates of assessment should be permanently stayed.' "Whether the certificates of assessment could be set aside merely because the plaintiffs raised the issue of Mr Rogers's entitlement to costs in the originating summons." 'Whether there was evidentiary material before the Court to justify setting aside the certificates of assessment.']

Ratio Decidendi

The Court held that the certificates of assessment could not be set aside merely because the issue of Mr Rogers's entitlement was raised in the pleadings, and there was no evidence upon which orders setting aside the certificates could be made. Given Mr Rogers's non-compliance with Court orders and apparent lack of interest in pursuing the appeals, the appropriate remedy was a permanent stay of the certificates of assessment.

Court Disposition

Certificates of assessment permanently stayed; defendant ordered to pay the plaintiffs' costs of the motions.

Orders

  • ['In case number 13492 of 2001, the certificates of assessment issued in Assessment no 91247/00 be permanently stayed.' "In case number 13492 of 2001, the defendant is to pay the plaintiff's costs of the motion." 'In case number 13494 of 2001, the certificates of assessment issued in Assessment no 91248/00 be...