Muriniti v Lyons & Ors [2000] NSWSC 680

Muriniti v Lyons & Ors [2000] NSWSC 680

The process for assessment of costs having been legislatively established, including the opportunity for appeal after assessment, the application to restrain or prohibit assessment, or to set aside referral on grounds not raised at hearing, is misconceived and must be dismissed.

Parties
Plaintiff: Leonardo C. Muriniti; First Defendant: Janice Lyons; Second Defendant: Peter J. McNally; Third Defendant: Lena Ruggero
Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Judicial Review Application / Judgment at First Instance
Outcome
Dismissed with costs
Legal Topics
Costs Assessment, Transitional Operation of Legal Profession Reform Act 1993, Judicial Review
Legal Costs Civil Procedure Costs Assessment Transitional Operation of Legal Profession Reform Act 1993 Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Leonardo C. Muriniti

Plaintiff

Janice Lyons

First Defendant

Peter J. McNally

Second Defendant

Lena Ruggero

Third Defendant

Procedural Posture

Judicial Review Application / Judgment at First Instance

Legal Issues

  1. 1 Whether Mrs Lyons, as executrix, can pursue application for assessment of costs
  2. 2 Whether the assessment of costs should proceed under Legal Profession Act 1987 and its regulations
  3. 3 Whether the process is an abuse of process or futile

Ratio Decidendi

The process for assessment of costs having been legislatively established, including the opportunity for appeal after assessment, the application to restrain or prohibit assessment, or to set aside referral on grounds not raised at hearing, is misconceived and must be dismissed.

Court Disposition

Dismissed with costs

Orders

  • Application dismissed with costs