Alhalek v Kells the Lawyers [2021] NSWSC 205

Alhalek v Kells the Lawyers [2021] NSWSC 205

The plaintiff was not denied procedural fairness and the Manager's decision was correct, as the plaintiff was properly informed of what was required, had opportunities to make submissions, and failed to provide new material or establish grounds warranting extension of time or review. No error or relevant omission by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Application for Judicial/registrar's Review / Final Judgment—dismissal of Amended Summons
Outcome
Amended summons dismissed; costs ordered against plaintiff.
Legal Topics
['costs Assessment' 'extension of Time' "judicial/registrar's Review" 'procedural Fairness']
['costs Law' 'civil Procedure'] ['costs Assessment' 'extension of Time' "judicial/registrar's Review" 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application for Judicial/registrar's Review / Final Judgment—dismissal of Amended Summons

Legal Issues

  1. 1 ['Whether the Manager, Costs Assessment erred in refusing an extension of time to review the cost assessment determination' 'Whether there was a denial of procedural fairness' 'Whether the Manager failed to take into account relevant evidence or considerations']

Ratio Decidendi

The plaintiff was not denied procedural fairness and the Manager's decision was correct, as the plaintiff was properly informed of what was required, had opportunities to make submissions, and failed to provide new material or establish grounds warranting extension of time or review. No error or relevant omission by the Manager justified intervention.

Court Disposition

Amended summons dismissed; costs ordered against plaintiff.

Orders

  • ['The amended summons filed on 17 September 2020 is dismissed.' "The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis."]