Viselle v Grieve [2014] NSWDC 27

Viselle v Grieve [2014] NSWDC 27

Procedural fairness was afforded; quantification of costs is not a matter of law for appeal; retainer was established for the work allowed; under the no win no fee agreement, enforcement of assessed costs is deferred until the plaintiff achieves a settlement or judicial determination in her favour. The stay is therefore appropriate until that time.

Parties
Plaintiff: Liliane Viselle; First Defendant: Donald Edward Grieve; Second Defendant: Robert George Webley
Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Costs Assessment Appeal and Cross Claim / Interlocutory Applications
Outcome
Stay granted until further order; appeal otherwise dismissed; cross-claim and notice of motion dismissed; costs reserved.
Legal Topics
Costs Assessment, Procedural Fairness, Retainer (no Win No Fee), Stay of Enforcement
Costs Law Civil Procedure Costs Assessment Procedural Fairness Retainer (no Win No Fee) Stay of Enforcement

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Parties

Liliane Viselle

Plaintiff

Donald Edward Grieve

First Defendant

Robert George Webley

Second Defendant

Procedural Posture

Costs Assessment Appeal and Cross Claim / Interlocutory Applications

Legal Issues

  1. 1 Whether the plaintiff was afforded procedural fairness during the costs assessment process
  2. 2 Whether the retainer existed and could be challenged
  3. 3 Whether the 'no win no fee' agreement allowed the defendant to claim costs prior to successful conclusion of proceedings

Ratio Decidendi

Procedural fairness was afforded; quantification of costs is not a matter of law for appeal; retainer was established for the work allowed; under the no win no fee agreement, enforcement of assessed costs is deferred until the plaintiff achieves a settlement or judicial determination in her favour. The stay is therefore appropriate until that time.

Court Disposition

Stay granted until further order; appeal otherwise dismissed; cross-claim and notice of motion dismissed; costs reserved.

Orders

  • Until further order of the court, the stay sought by the plaintiff in paragraph 4(f) of the summons is granted.
  • Costs reserved, with liberty to apply after conclusion of the proceedings the subject of the costs assessment.