TURNER v PRIDE [1999] NSWSC 850

TURNER v PRIDE [1999] NSWSC 850

The Costs Assessor acted within power by assessing all the costs claimed, not just those objected to, when determining party/party costs following a court order; no bias or error was demonstrated; the statutory requirements of the Legal Profession Act 1987 prevailed regardless of the presence or absence of objection.

Jurisdiction
Australia
Judgment Date
26 August 1999
Procedural Posture
Costs Assessment Appeal / Judgment on Summons for Relief Against Costs Assessor's Determination
Outcome
Summons dismissed
Legal Topics
['costs Assessment' 'jurisdiction of Costs Assessor' 'procedural Fairness' 'bias']
['civil Procedure'] ['costs Assessment' 'jurisdiction of Costs Assessor' 'procedural Fairness' 'bias']

Case Brief

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Procedural Posture

Costs Assessment Appeal / Judgment on Summons for Relief Against Costs Assessor's Determination

Legal Issues

  1. 1 ['Whether the Costs Assessor exceeded jurisdiction or power by assessing costs not specifically objected to' 'Whether there was actual or apprehended bias on the part of the Costs Assessor' 'Whether the Costs Assessor erred in law by not following the decision in Law Society of New South Wales v Gallagher [1999] NSWADT 8']

Ratio Decidendi

The Costs Assessor acted within power by assessing all the costs claimed, not just those objected to, when determining party/party costs following a court order; no bias or error was demonstrated; the statutory requirements of the Legal Profession Act 1987 prevailed regardless of the presence or absence of objection.

Court Disposition

Summons dismissed

Orders

  • ['Plaintiff is to pay the costs of the Summons.' 'Exhibits may be returned.']