Griffith v Australian Broadcasting Corporation & Ors [2013] NSWSC 750
Where legislation provides a comprehensive costs assessment and review scheme, including internal review and rights of appeal, discretionary declaratory relief in the Supreme Court should be refused, and issues of fact and law should first be addressed by the costs assessor as required by statute.
- Jurisdiction
- Australia
- Judgment Date
- 06 June 2013
- Procedural Posture
- Principal Judgment / Summons for Declaratory Relief; Application for Summary Dismissal
- Outcome
- Summons dismissed
- Legal Topics
- ['declaratory Relief' 'costs Assessment' 'statutory Appeals and Review' 'discretion to Refuse Relief']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Principal Judgment / Summons for Declaratory Relief; Application for Summary Dismissal
Legal Issues
- 1 ['Whether the Supreme Court should exercise its discretion to grant declaratory relief when a statutory scheme for costs assessment and review exists' 'Whether a costs assessor can and should determine complex issues of fact and law within the costs assessment process' 'Availability and adequacy of alternative statutory remedies']
Ratio Decidendi
Where legislation provides a comprehensive costs assessment and review scheme, including internal review and rights of appeal, discretionary declaratory relief in the Supreme Court should be refused, and issues of fact and law should first be addressed by the costs assessor as required by statute.
Court Disposition
Summons dismissed
Orders
- ['Summons dismissed' "Plaintiff to pay the first and second defendants' costs of the proceedings on a party/party basis"]
Full Case Text
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