Wende v Horwath (NSW) Pty Limited (No 5) [2016] NSWDC 143

Wende v Horwath (NSW) Pty Limited (No 5) [2016] NSWDC 143

The appropriate final orders were to remit the decisions on the questions raised in the relevant costs assessment application or applications to Ms K M Dulhunty, the original costs assessor, and to order her to redetermine them according to law having regard to the Court of Appeal's reasons. The Court was persuaded by the statutory wording, the parties' common position, the role of the original costs assessor and the likelihood of a shorter and cheaper process. The Court declined to impose the defendant's proposed restriction on the remittal because the Court of Appeal's orders and reasons did not support a confined remittal, and the authorities relied on by the defendant did not...

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Civil Costs Matter / District Court Making Final Orders on Remittal From the Court of Appeal
Outcome
Proceedings remitted to the original costs assessor for redetermination according to law; no order as to District Court costs since 2 June 2014.
Legal Topics
['remittal' 'costs Assessment' 'costs of Proceedings' 'legal Profession Act 2004']
['costs' 'civil Procedure' 'appeals'] ['remittal' 'costs Assessment' 'costs of Proceedings' 'legal Profession Act 2004']

Case Brief

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Procedural Posture

Civil Costs Matter / District Court Making Final Orders on Remittal From the Court of Appeal

Legal Issues

  1. 1 ['Whether the assessment of costs should be remitted to the original costs assessor or to the Manager, Costs Assessment.' 'Whether the remittal should be confined to disaggregation of the prior costs determination or should remit the assessment of costs for determination according to law.' 'What order should be made for the costs of the District Court proceedings since 2 June 2014.' 'Whether to specify the amount of any costs payable in the District Court.']

Ratio Decidendi

The appropriate final orders were to remit the decisions on the questions raised in the relevant costs assessment application or applications to Ms K M Dulhunty, the original costs assessor, and to order her to redetermine them according to law having regard to the Court of Appeal's reasons. The Court was persuaded by the statutory wording, the parties' common position, the role of the original costs assessor and the likelihood of a shorter and cheaper process. The Court declined to impose the defendant's proposed restriction on the remittal because the Court of Appeal's orders and reasons did not support a confined remittal, and the authorities relied on by the defendant did not...

Court Disposition

Proceedings remitted to the original costs assessor for redetermination according to law; no order as to District Court costs since 2 June 2014.

Orders

  • ["Remit the decisions on the questions raised in the application or applications in respect of the assessment of the defendant's costs and the costs of the costs assessment as found in this Court in Wende v Horwath (NSW) Pty Limited [2013] NSWDC 10 and as dealt with in the Court of Appeal in Wende v Horwath (NSW)...