Casaceli v Morgan Lewis Alter & Anor [2001] NSWSC 211

Casaceli v Morgan Lewis Alter & Anor [2001] NSWSC 211

The Legal Profession Act 1987 does not allow the Court to grant leave or extend time for review out of time. The plaintiff failed to avail himself of the statutory review process within time, has no arguable case, and there is no justification to disturb the costs assessor's determination. The application is dismissed with costs.

Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Application for Review/extension of Time (costs Assessment) / Judgment on Application for Extension of Time/leave to Review
Outcome
Application dismissed
Legal Topics
['costs Assessment' 'extension of Time' 'leave to Review' 'natural Justice']
['civil Procedure'] ['costs Assessment' 'extension of Time' 'leave to Review' 'natural Justice']

Case Brief

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Procedural Posture

Application for Review/extension of Time (costs Assessment) / Judgment on Application for Extension of Time/leave to Review

Legal Issues

  1. 1 ["Whether the Court can grant leave or extend time for application for review of a costs assessor's determination under the Legal Profession Act 1987;" 'Whether relief is available under ss 208L or 208M without prior review;' 'Whether the issue of the certificate by the Costs Assessor was invalid due to lack of opportunity to make submissions;' 'Whether there was any error of law or breach of natural justice justifying setting aside the determination.']

Ratio Decidendi

The Legal Profession Act 1987 does not allow the Court to grant leave or extend time for review out of time. The plaintiff failed to avail himself of the statutory review process within time, has no arguable case, and there is no justification to disturb the costs assessor's determination. The application is dismissed with costs.

Court Disposition

Application dismissed

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The Exhibits may be returned.']