MELO v COULTER [1999] NSWSC 666

MELO v COULTER [1999] NSWSC 666

The plaintiff failed to discharge the onus of establishing an error of law by the Costs Assessor regarding both the assessment of indemnity costs and inclusion of interest; the arguments advanced are not sufficient and the Summons must be dismissed.

Parties
Plaintiff: John Paul Melo; Defendant: Aileen Coulter
Jurisdiction
Australia
Judgment Date
05 July 1999
Procedural Posture
Appeal From Costs Assessment / Judgment
Outcome
Summons dismissed
Legal Topics
Indemnity Costs, Assessment of Costs, Interest on Costs
Costs Indemnity Costs Assessment of Costs Interest on Costs

Case Brief

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Parties

John Paul Melo

Plaintiff

Aileen Coulter

Defendant

Procedural Posture

Appeal From Costs Assessment / Judgment

Legal Issues

  1. 1 Whether the Costs Assessor erred in law by applying the wrong test to indemnity costs assessment
  2. 2 Whether the Costs Assessor erred in law by failing to include interest as ordered

Ratio Decidendi

The plaintiff failed to discharge the onus of establishing an error of law by the Costs Assessor regarding both the assessment of indemnity costs and inclusion of interest; the arguments advanced are not sufficient and the Summons must be dismissed.

Court Disposition

Summons dismissed

Orders

  • The plaintiff is to pay the costs of the proceedings.
  • The exhibits may be returned.