YONAN v LACE [2001] NSWCA 232

YONAN v LACE [2001] NSWCA 232

Leave to appeal was refused because, although the legal question was not without difficulty, the former solicitor had not presently claimed the costs, the amount at stake was comparatively small, and the parties should address the underlying tripartite dispute without immediate intervention by the Court of Appeal. The summons was dismissed with costs.

Jurisdiction
Australia
Judgment Date
02 July 2001
Procedural Posture
Application for Leave to Appeal / NSW Court of Appeal From an Order of Master Harrison Setting Aside a Costs Assessor's Decision
Outcome
Leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'costs Assessment' 'party and Party Costs' "former Solicitor's Costs" 'discretionary Refusal of Leave']
['civil Procedure' 'costs' 'legal Profession'] ['leave to Appeal' 'costs Assessment' 'party and Party Costs' "former Solicitor's Costs" 'discretionary Refusal of Leave']

Case Brief

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Procedural Posture

Application for Leave to Appeal / NSW Court of Appeal From an Order of Master Harrison Setting Aside a Costs Assessor's Decision

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from an order setting aside a costs assessment concerning costs said to be due to the appellant's former solicitor." 'Whether a costs assessment may include costs of a former solicitor who has not presently issued a bill or sought payment.']

Ratio Decidendi

Leave to appeal was refused because, although the legal question was not without difficulty, the former solicitor had not presently claimed the costs, the amount at stake was comparatively small, and the parties should address the underlying tripartite dispute without immediate intervention by the Court of Appeal. The summons was dismissed with costs.

Court Disposition

Leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed.' 'The summons is dismissed with costs.']