Kerrison’s Legal Services v Studio B Hair Design Pty Ltd [2022] NSWSC 1801

Kerrison’s Legal Services v Studio B Hair Design Pty Ltd [2022] NSWSC 1801

Reasonable excuse shown for the 12 day delay, no substantial prejudice to the respondent demonstrated, and the grounds for review were sufficiently particularised, entitling the applicant to an extension and setting aside the refusal decision.

Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Review Application / Ex Tempore Judgment
Outcome
Decision of Manager, Costs Assessment set aside; extension of time granted; first defendant ordered to pay plaintiff's costs.
Legal Topics
['extension of Time' 'costs Assessment Review' 'practice and Procedure']
['civil Procedure'] ['extension of Time' 'costs Assessment Review' 'practice and Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether extension of time for lodging costs assessment review application should be granted' 'Whether decision of Manager, Costs Assessment refusing extension should be set aside']

Ratio Decidendi

Reasonable excuse shown for the 12 day delay, no substantial prejudice to the respondent demonstrated, and the grounds for review were sufficiently particularised, entitling the applicant to an extension and setting aside the refusal decision.

Court Disposition

Decision of Manager, Costs Assessment set aside; extension of time granted; first defendant ordered to pay plaintiff's costs.

Orders

  • ['Decision of Manager Costs Assessment dated 16 March 2022 made in Costs Assessment Application for Review No.2021/159273 set aside in whole pursuant to s 93B(3) of the Legal Profession Uniform Law Application Act 2014 and Uniform Civil Procedure Rules r 49.19(1).' 'Extension of time for lodgement of the costs...